Pettibone v. Moore

Appellee’s decedent, Mary G. Moore, was killed in a collision with the appellants' train. One Mervin R. Hunt was appointed the administrator of her estate on November 4, 1939. He was discharged on January 16, 1941, and at that time his final report was approved and the estate was adjudged fully and finally administered, and the order finally closing the estate has never been set aside. Prior to discharge he filed no action to recover for the wrongful death of appellee’s decedent. On August 8, 1941, appellee Mildred Moore filed her application for letters of administration upon the estate of…