Federal Insurance v. Ronan

We granted the plaintiffs’ application for direct appellate review to consider their claim that Mass. R. Civ. P. 25 (a) (1), 365 Mass. 771 (1974), requires the conclusion that their failure to substitute the defendant’s executrix within one year of the approval of her bond falls within *922the excusable neglect provision of Mass. R. Civ. P. 25 (a) (l).3 We agree. We reverse and remand.

On April 24, 1987, less than four months after the plaintiffs’ amended their complaint to add the defendant as a party, he died. On May 15, 1987, counsel for the defendant filed a suggestion of death, which was…