Gilson v. Foltz

Summary

The court held that negligence occurring before the decedent's death could not be attributed to the plaintiff in his capacity as personal representative of the estate. Any duty arising from the plaintiff's knowledge of will preparation and estate planning was an individual duty, requiring reversal and a new trial because the jury had been instructed only on comparative negligence in the representative capacity.

Holdings

1. Negligence occurring before the decedent's death cannot be charged against Gilson in his capacity as personal representative.
2. Gilson had no duty, in his capacity as appointed personal representative, to examine the will before the decedent's death; any duty under the circumstances was owed by Gilson individually.
3. A new trial was required because the jury was instructed on Gilson's negligence only in his representative capacity, while any applicable duty was individual, and Gilson individually was not a party.

Questions Presented

1. Whether negligence occurring before the decedent's death could be attributed to Gilson in his capacity as personal representative.
2. Whether Gilson had a duty, as an appointed personal representative, to examine the will before the decedent's death.
3. Whether the case could be resolved on the basis of Gilson's individual negligence when he was not individually a party and the issue was not submitted to the jury in that capacity.

Disposition

reversed_and_remanded