REYNOLDSON, Justice.
In this appeal we confront the issue whether a person whose probate claim has become barred by failure to file the statutory request for hearing following its disallowance may thereafter maintain a civil action against the personal representative based on the same tort.
Dr. Herbert C. Merillat, a specialist in internal medicine and psychiatry, died January 13, 1974. An estate was opened on petition of this plaintiff as creditor.
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