Rennie v. Pozzi

We accepted review of these companion cases (see Rennie v. Freeway Transport, 294 Or 319, 656 P2d 919 (1982)) to address an issue common to both: Where an action on behalf of a decedent’s estate was timely commenced by one who had been appointed personal representative, but whose appointment was set aside and “held for naught” after the statute of limitations had run on the underlying cause of action, will a subsequent proper appointment relate back in time so as to preserve the estate’s cause of action? Resolution of this issue necessitates a reexamination of our decision in Richard v.…