Saltmarsh v. Burnard

Plaintiff appeals from an order granting defendants’ motion for partial accelerated judgment* 1 on the claims of the estate of plaintiffs husband, Frederick Ashley Saltmarsh, Jr., and on plaintiff’s individual claims derived from the claims of the estate on the ground of plaintiff’s lack of capacity to sue. GCR 1963, 116.1(3), now MCR 2.116(C)(5). We hold that the appointment of an administrator after the period of limitations has expired relates back to the filing of suit if at the time the suit was filed plaintiff holds a good faith reasonable belief that he or she has the authority to…