Summers v. Tanner

The court at defendant’s request granted a rehearing. Oral argument was received and a supplemental memorandum filed.

Defendant urgently seeks the court to sustain the proposition that, where decedent’s personal representative was not appointed within the one year statute of limitation, here applicable, plaintiff’s claim is barred. But this is not what the statutory extender provisions provide, viz., an action may be commenced after the expiration of that time-, section 413.180 K. R. S. para. 3.

*285Fix’s Executor v. Cook, 192 Ky., 731, 234 S. W., 453, relied on by defendant on this point relates…