Bourgeois v. Sprague

By reading the statement of facts from the briefs in this case, it is revealed that defendant Harvey Sprague died on February 4, 1971 during the pendency of this suit. Although the docket contains no notation of any motion pursuant to Rule 25(a), M.R.Civ.P., the record does show over the signature of the Justice of the Superior Court that

“Defendant’s attorney suggests the death of Defendant on February 4, 1971 and that Mildred Sprague has been duly appointed and legally qualified Executrix of the Estate of the Defendant.”

The record also shows that under date of September 29, 1971 plaintiffs…