Charles A. Wood, M.d. v. Ann Wayman, Surviving Spouse of Charles R. Wayman, Deceased

Summary

The court held that a wrongful-death action filed by a person who had not yet been appointed personal representative was not saved when the appointment occurred after the statutory two-year period expired. The relation-back provision applies only to acts beneficial to the estate, while an Alabama wrongful-death action is not brought for the estate's benefit and its proceeds are not estate property. The court therefore reversed and remanded for dismissal of the action. Justice Murdock, dissenting, would have applied the relation-back doctrine to validate the action based on the statutory text and longstanding doctrine.