McCue v. Colantoni

Mr. PRESIDING JUSTICE LINN

delivered the opinion of the court:

Plaintiff, John McCue, appeals from the dismissal of his action for personal injuries against defendant, Anthony Colantoni, as administrator of the estate of Bernice Schultz, deceased. The issues presented for review are: (1) whether plaintiff’s lawsuit is barred because he failed to compel the issuance of letters of administration or pursue his claim against the estate of Bernice Schultz within 3 years of her death (Ill. Rev. Stat. 1973, ch. 3, par. 204; ch. 83, par. 20); (2) whether the substitution of the administrator of the…