State Ex Rel. McCubbin v. Ginn

In concurring with the majority opinion, I wish to state and emphasize some additional matters.

Not only does § 537.020 RSMo 1959, V.A.M.S., provide for the survival of actions for personal injuries and wrongful death against the legal representatives of deceased persons, but it also authorizes and requires the probate court to appoint such a representative where the sole purpose is to prosecute a right of action for death or personal injury.

Subsection 2 of § 537.020 provides that: “The existence of the right of action for death or personal injury that does not result in death shall be…