In the Matter of the Petition of Clara Meekin, as Administratrix of Laurie Meekin, Deceased, Respondent, to Have…

Summary

The Court held that an action to recover damages for negligent death under Code Civ. Pro. §1902 survives the death of the administrator who was the sole next of kin, because the statute creates a property right in favor of the decedent's beneficiaries. Accordingly, the administratrix may be substituted as plaintiff and the order of the lower court was affirmed.