TAMULEVICH v. ROBIE


426 Mass. 712 (1998)

JOHN F. TAMULEVICH v. PEARL ROBIE, executrix.

Supreme Judicial Court of Massachusetts, Suffolk.

February 19, 1998.


Attorney(s) appearing for the Case

Ronald N. Whitney for the plaintiff.

George W. Skogstrom, Jr., for the defendant.

Present: WILKINS, C.J., LYNCH, GREANEY, & MARSHALL, JJ.


BY THE COURT.

The plaintiff brought this action against the estate of the decedent, seeking to recover on a promissory note the decedent had signed before his death. General Laws c. 197, § 9 (a), imposes a one-year statute of limitations on creditors' actions against an estate. The plaintiff filed his complaint in the Brockton Division of the District Court Department with one day left in the limitations period. However, his notice of the action, required...

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