Greentree v. Fertitta

I would affirm the judgment of the Court of Special Appeals in this case. The majority, in an apparent attempt to avoid a harsh result for the petitioner in this case, has arrived at its decision by judicially amending §§ 8-101 through 8-104 of the Estates and Trusts Article which set forth the time limitations for presentation of various claims against the estate of a decedent.

I

In Burket v. Aldridge, 241 Md. 423, 216 A.2d 910 (1966), we held that an amendment substituting the personal representative of a decedent in a tort action, mistakenly instituted against the decedent after his death,…