Koziell v. Fairbanks

The question transferred is whether plaintiff’s petition for extension of time to bring suit against the defendant met the requirements of RSA 556:28.

It is undisputed that Ernest Miller died on or about April 16, 1973, that defendant was granted letters of administration by the Sullivan County Probate Court on April 19, 1973, and that by letter dated August 12, 1973, notice of a claim against the estate in the amount of $50,456 was given to the defendant by plaintiff’s then counsel. There was no further communication between the parties or their counsel until May 20, 1974, when a writ was…