Sec. 52-106. Executor, administrator or trustee of express trust may sue or be sued alone.
Sec. 52-106. Executor, administrator or trustee of express trust may sue or be
sued alone. An executor, administrator, or trustee of an express trust may sue or be sued
without joining the persons represented by him and beneficially interested in the action.
(1949 Rev., S. 7828; P.A. 82-160, S. 42.)
History: P.A. 82-160 replaced "suit" with "action".
Jurisdiction determined by parties of record, not by those beneficially interested. 34 C. 332. The incapacity of the
plaintiff to sue must be raised by the pleadings. 52 C. 233. Cited. 62 C. 257. The parties to a suit are made by the writ, not
by the complaint. 72 C. 261. Administrator may bring action to enforce judgment lien belonging to intestate; 75 C. 154;
or appeal from allowance of claim by commissioners. 82 C. 501. Trustee may be sued without joining beneficiaries of
trust. 160 C. 415. Cited. 169 C. 29. Cited. 191 C. 1.
Cited. 5 CA 427. Cited. 31 CA 476. Beneficiaries of a trust need not be joined in an action brought by a trustee and in
this case all beneficiaries had notice of pending lawsuit and none sought to join as parties. 62 CA 490.