Ogle v. Gordon

The plaintiff in this wrongful death action was not issued letters of administration until more than two years after the death of his wife. However, he filed this action, based on his wife's death, within the two years allowed by the Wrongful Death Statute, § 6-5-410, Ala. Code 1975. The legal question presented is whether the failure of the probate court to issue letters of administration within the two-year period after the death requires the dismissal of a wrongful death action that was timely filed by the person later issued letters of administration.

The trial court entered a summary…