Estate of Hunter ex rel. Hunter v. Young

I fully agree that failure of the plaintiff to tender a summons to the Clerk within the period of the Statute of Limitations is fatal to the claim of Hunter's Estate.

However, it occurs to me that there exists a second defect in the filing of the Estate's complaint.. Under the circumstances, Hunter's estate had no choice but to seek appointment of a personal representative for the deceased Young and to have the summons issued to that personal representative.

I would further. observe that St. Clair could not be the agent of Young for the purpose of receiving service of summons because Young was…