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OGLE v. GORDON

1941989.

706 So.2d 707 (1997)

Anthony Joe OGLE, as Administrator of the Estate of Margaret Ogle, deceased v. Raymond GORDON, et al.

Supreme Court of Alabama.

Rehearing Denied November 7, 1997.

Attorney(s) appearing for the Case

Steven A. Martino and Robert J. Hedge of Jackson, Taylor & Martino, P.C., Mobile, for appellant.

J. Garrison Thompson of Pitts, Pitts & Thompson, Selma; and Ronnie E. Keahey, Grove Hill, for appellees.

MADDOX, Justice.

The plaintiff in this wrongful death action was not issued letters of administration until more than two years after the death of his wife. However, he filed this action, based on his wife's death, within the two years allowed by the Wrongful Death Statute, § 6-5-410, Ala.Code 1975. The legal question presented is whether the failure of the probate court to issue letters of administration within the two-year period after the death requires the...

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