Narrative Opinion Summary
The decedent was survived by six children, with two having reached adulthood. The plaintiff, serving as the administrator of the estate, initiated legal action after the two-year Statute of Limitations had lapsed. The court rejected the plaintiff's argument that the Statute of Limitations was tolled due to the infancy of the remaining children, stating that the presence of two adult children as potential personal representatives negated any tolling based on the minors' status. Relevant case law was cited to support this decision. The ruling was affirmed by Justices Rosenblatt, Sullivan, Copertino, Santucci, and Goldstein.
Legal Issues Addressed
Role of Adult Children in Tolling Statute of Limitationssubscribe to see similar legal issues
Application: In cases involving multiple heirs, the existence of adult heirs negates the tolling of the Statute of Limitations for actions initiated by minors.
Reasoning: The presence of two adult children as potential personal representatives negated any tolling based on the minors' status.
Statute of Limitations in Probate Casessubscribe to see similar legal issues
Application: The court determined that the Statute of Limitations was not tolled despite some heirs being minors because there were adult children who could act as personal representatives.
Reasoning: The court rejected the plaintiff's argument that the Statute of Limitations was tolled due to the infancy of the remaining children, stating that the presence of two adult children as potential personal representatives negated any tolling based on the minors' status.