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Wheeler v. Williams8/2/1995
The person who plaintiff must have had substituted as the new defendant and who must have received notice of the institution of the action is the personal representative of the estate. The only person who received notice of the proceeding before the running of the Statute of Limitations was the former attorney for the affiant of the small estate. The closed small estate was a nonentity for the purpose of this proceeding and for any purpose. It could not have received notice on behalf of a nonexistent personal representative. Plaintiff did not have a personal representative appointed and served within the statutory period. Accordingly, her complaint was properly dismissed.
Affirmed.
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