Can a plaintiff in a personal representative action succeed as personal representative of the deceased?

California, United States of America


The following excerpt is from Bosworth v. Superior Court In and For Los Angeles County, 143 Cal.App.2d 775, 300 P.2d 155 (Cal. App. 1956):

Further than this, the special administrator whom plaintiff in intervention succeeded as personal representative of the decedent, having refused to join as a party plaintiff in the original complaint, had been joined as a defendant therein, and was therefore, in legal effect, a plaintiff in the original action, Donohoe v. Wooster, 163 Cal. 114, 117, 124 P. 730; [143 Cal.App.2d 779] and the administrator's intervention was but the assertion of the right given him by section 466 of the Probate Code to prosecute that action to final judgment.

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