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IN RE ESTATE OF BOYD

No. 258-3.

5 Wn. App. 32 (1971)

485 P.2d 469

In the Matter of the Estate of RICHARD BOYD. SADIE BOYD, Appellant, v. THE OLD NATIONAL BANK, Respondent.

The Court of Appeals of Washington, Division Three.

May 21, 1971.

Attorney(s) appearing for the Case

Gordon L. Bovey (of Bovey & Vovos), for appellant.

E. Glenn Harmon (of Witherspoon, Kelley, Davenport & Toole) and William J. Grant (of Dellwo, Rudolf & Grant), for respondent.

MUNSON, C.J.

The primary issue determinative of this appeal is whether the relation-back theory of CR 17(a)1 may be used to retroactively toll the 4-month statute of limitations for bringing will contests (RCW 11.24.010) when a petition is brought by a non-interested party upon the advice of counsel and is subsequently sought to be amended to bring in the proper parties. We answer in the negative...

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