Fuller v. Booth

Whitman, Judge.

A deceased person cannot be a party to a legal proceeding. But the only effect of death is to suspend the action as to the decedent until his legal representative is substituted as a party, assuming of course a pending action where the cause of action survives. Code § 3-501.

While an application for substitution of the legal representative, under the procedure available (Code §§ 3-402, 3-404) when the defendant in the present case died (June, 1962), was not required to be made immediately after the expiration of 12 months from the probate of the will or granting of letters of *686adm…