Legal Opinion
Tamulevich v. Robie
Massachusetts Supreme Judicial Court
Decided February 19, 1998PublishedCited by 5 opinions
1Opinion of the Court
By the Court.
The plaintiff brought this action against the estate of the decedent, seeking to recover on a promissory note the decedent had signed before his death. General Laws c. 197, § 9 (a), imposes a one-year statute of limitations on creditors’ actions against an estate. The plaintiff filed his complaint in the Brockton Division of the District Court Department with one day left in the limitations period. However, his notice of the action, required under the statute, arrived in the Plymouth County Probate and Family Court one day after the limitations period had run. Therefore his…
2Cases cited4 opinions
- Commonwealth v. CaracciolaMassachusetts Supreme Judicial Court · 1991
- Inhabitants of Great Barrington v. GibbonsMassachusetts Supreme Judicial Court · 1908
- Gray v. DahlMassachusetts Supreme Judicial Court · 1937
- Worcester County National Bank v. StilesMassachusetts Supreme Judicial Court · 1935
3Cited by5 opinions
- 81 Spooner Road LLC v. Town of BrooklineMassachusetts Supreme Judicial Court · 2008
- Gates v. ReillyMassachusetts Supreme Judicial Court · 2009
- Dunlea ex rel. Estate of Sullivan v. Department of Public Welfare/Division of Medical AssistanceMassachusetts Superior Court · 2000
- Kyana Jinks, Antwione Taylor, Lee Tremblay, and Others, Individually and on Behalf of All Others Similarly Situated v. Credico (Usa) LLC, Dfw Consultants, Inc., and Jason WardMassachusetts Superior Court · 2020
- McBarron v. ArenaMassachusetts Superior Court · 1999