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KOFINKE v. MARANHAS

375 Mass. 141 (1978)

375 N.E.2d 711

CHARLOTTE L. KOFINKE, administratrix, vs. JOSE MARANHAS, administrator.

Supreme Judicial Court of Massachusetts, Plymouth.

May 2, 1978.

Attorney(s) appearing for the Case

Edward P. Kirby for the plaintiff.

John J. Perenyi for the defendant.

Present: HENNESSEY, C.J., KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.

WILKINS, J.

This action was commenced within three months of the date on which the defendant gave his bond as administrator of the estate of Francisco Paulo Maranhas (decedent). We agree with the plaintiff that a defendant administrator may waive the statutory bar (G.L.c. 197, § 1) against commencing an action during that three-month period and that, on the facts of this case, the defendant did waive the statutory restriction...

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