ROOKE v. JENSON

No. D-2294.

838 S.W.2d 229 (1992)

Judy ROOKE, Petitioner, v. Linda Ray Reed JENSON, as Executrix of the Estate of Sam Ray Reed, Deceased, Respondent.

Supreme Court of Texas.

Rehearing Overruled October 7, 1992.


Attorney(s) appearing for the Case

Timothy M. Purcell, Gwen E. Richard, Hardy, Milutin & Johns, Houston, for petitioner.

Vince Cruz, Jr., Fort Worth, for respondent.


PER CURIAM.

We consider a statute of limitations defense raised by the estate of an alleged tortfeasor.

On January 17, 1986 Sam Ray Reed's automobile collided with that of Judy Rooke, who then filed suit against him on December 21, 1987. At the time of attempted service in January 1988, she learned that Reed had died. Since Reed's will named his wife, Nellie Mae Reed, as executrix and sole beneficiary, she was substituted as the defendant in her capacity as...

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