Sharon asked: "1. Can deceased descendants be named plaintiffs in a lawsuit?" In most states in the U.S., one cannot leally sue someone that is deceased unless they raise an estate for the deceased person. This is because a dead person is no longer a legal person that can be sued. I have seen this trip up some plaintiffs' lawyers who had their lawsuits (that they filed just before the statute of limitations ran) dismissed (they were guilty of malpractice for not knowing the law). When a quiet title lawsuit is filed to attempt to clear title on real estate, mineral rights, oil & gas etc., one does still see the known defendants (usually the last owners of record who are usually long deceased and their already known kin) being named with words such as "their heirs and assigns" as a catch-all phrase. Whether that is legal to extinguish the legal rights of the unnamed heirs is a constitutional question that may be answered differently in the various jurisdictions at different time periods. [Due diligence required to locate missing and unknown owners or their heirs. Deer Park Lumber, Inc. v. Major, 348 Pa.Super. 625, 559 A.2d 941 (1989). This is so that proper notice of the action may be given to interested parties as required by due process of law. Peralta v. Heights Med. Ctr., Inc., 485 U.S. 80 (1988).] Michael This email is from: Michael S. Ramage, J.D., Certified Genealogist(SM) Locating Heirs Professionally, Legally and Ethically 720 Argyle Road Wynnewood, PA 19096 (484) 437-8827 [email protected] http://www.ForensicGenealogist.Pro On December 30, 2014 at 3:01 AM [email protected] wrote: Today's Topics: 1. Legal Question: Can deceased descendants be named in a lawsuit as plaintiffs? ([email protected]) 2. Re: Legal Question: Can deceased descendants be named in a lawsuit as plaintiffs? (Patricia Hobbs) 3. Re: Legal Question: Can deceased descendants be named in a lawsuit as plaintiffs? (Dee Dee King, Certified Genealogist) 4. FW: LAST CHANCE to Register for PMC (Elissa Scalise Powell) ---------------------------------------------------------------------- Message: 1 Date: Mon, 29 Dec 2014 09:18:42 -0800 From: [email protected] Subject: [TGF] Legal Question: Can deceased descendants be named in a lawsuit as plaintiffs? To: "transitional-genealogists-forum" <[email protected]> Message-ID: <[email protected]> Content-Type: text/plain; charset="utf-8" Hi all, I have questions regarding California civil dispute in Fresno Superior Court in 1952 before Judge Popovich, according to a 1952 article in the Fresno Bee newspaper. I don't know the case name but it was probably something like Katherine M. Atwood (first named plaintiff--I don't know who she was), et al vs. Mrs. Commilla Elwood, et al. I don't know the disposition of the case. It probably was not a case of record (not published in any court reporter). The article? named as plaintiffs deceased descendants (including my great grandmother, who died in 1933) of a deceased man, George Wiseman (1837-1909), who in 1899 helped to discover oil in Kern River and whose descendants would have been entitled to receive royalties from oil company shares were they living. The defendant, Mrs. Commilla Elwood, was the spouse of another deceased man, Burton Elwood, who helped to discover the oil, and in 1939 all the discovers pooled their shares and assigned them to Burton in trust that he would make appropriate distributions, which he did. However, at his death his wife said the trust arrangement was good only during his lifetime and that she need not distribute any royalties to the others. Of George Wiseman's entitled descendants only two were living in 1952, but others, including my great grandmother, were named as plaintiffs. 1. Can deceased descendants be named plaintiffs in a lawsuit? 2.? I suppose if I wrote Fresno County Superior Court I could gain information about the complaints and responses, and disposition, right? Sharon Whitney ? ? ? ? ------------------------------ Message: 2 Date: Mon, 29 Dec 2014 12:50:35 -0600 From: Patricia Hobbs <[email protected]> Subject: Re: [TGF] Legal Question: Can deceased descendants be named in a lawsuit as plaintiffs? To: sharon <[email protected]> Cc: transitional-genealogists-forum <[email protected]> Message-ID: <[email protected]om> Content-Type: text/plain; charset=UTF-8 Yes, you should order the file. I haven't seen a newer case involving deceased plaintiffs, but I have seen a court case in 1804 that involved a deceased defendant. I figured they hoped his estate would pay the debt. I ordered a court file from Santa Clara Superior Court, but I called them first to determine the process. I know they required a letter, but I don't remember if they told me how much copying would cost and thus I included payment at the same time. I had a case file number also because that it what was entered on the Missouri birth certificate which allowed a change in birth year. Patti On Mon, Dec 29, 2014 at 11:18 AM, sharon via < [email protected]> wrote: > > > > Hi all, > I have questions regarding California civil dispute in Fresno Superior > Court in 1952 before Judge Popovich, according to a 1952 article in the > Fresno Bee newspaper. I don't know the case name but it was probably > something like Katherine M. Atwood (first named plaintiff--I don't know > who she was), et al vs. Mrs. Commilla Elwood, et al. I don't know the > disposition of the case. It probably was not a case of record (not > published in any court reporter). > The article named as plaintiffs deceased descendants (including my great > grandmother, who died in 1933) of a deceased > man, George Wiseman (1837-1909), who in 1899 helped to discover oil in > Kern River and whose descendants would have been entitled to receive > royalties from oil company shares were they living. > The defendant, Mrs. Commilla Elwood, was the spouse of another deceased > man, Burton Elwood, who helped > to discover the oil, and in 1939 all the discovers pooled their shares and > assigned them to Burton in trust that he would make appropriate > distributions, which he did. However, at his death his wife said the trust > arrangement was good only during his lifetime and that she need not > distribute any > royalties to the others. > Of George Wiseman's entitled descendants only two were living in 1952, but > others, including my great grandmother, were named as plaintiffs. > 1. Can deceased descendants be named plaintiffs in a lawsuit? > 2. I suppose if I wrote Fresno County Superior > Court I could gain information about the complaints and responses, and > disposition, right? > Sharon Whitney > > > > > > ------------------------------- > To unsubscribe from the list, please send an email to > [email protected] with the word > 'unsubscribe' without the quotes in the subject and the body of the message > ------------------------------ Message: 3 Date: Mon, 29 Dec 2014 13:19:06 -0600 (CST) From: "Dee Dee King, Certified Genealogist" <[email protected]> Subject: Re: [TGF] Legal Question: Can deceased descendants be named in a lawsuit as plaintiffs? To: [email protected] Message-ID: <[email protected]et> Content-Type: text/plain; charset=UTF-8 I'm sure Judy will chime in, but... I've seen several cases like this, especially in mineral royalties or land quiet title. They use the known names; there may not be evidence or knowledge that the subjects are now deceased. Sometimes they add stuff like "Jane Doe, or her heirs" in the original to cover bases. The suit is adjusted as the status of subjects becomes known during the discovery process. My experience has been there are several kinds of adjustments - Jane Doe, Estate of, etc. Dee - - - Dee Dee King, Certified Genealogist (sm), Certificate 903 Contract Genealogist, US Navy POW/MIA Branch Mail address - PO Box 1085, Manvel TX 77578 Telephone/fax 281-595-3090 www.forensicgenealogyservices.com www.facebook.com/forensicgenealogist Certified Genealogist (CG) is a service mark (sm) of the Board for Certification of Genealogists?, conferred to associates who consistently meet ethical and competency standards in accord with peer-reviewed evaluations every five years, and the board name is registered in the US Patent & Trademark Office. ------------------------------ Message: 4 Date: Mon, 29 Dec 2014 16:09:08 -0500 From: "Elissa Scalise Powell" <[email protected]> Subject: [TGF] FW: LAST CHANCE to Register for PMC To: "'TGF'" <[email protected]> Message-ID: <[email protected]> Content-Type: text/plain; charset="UTF-8" I thought you all would be interested in the topics that the Association of Professional Genealogists is having at their conference. With the virtual option, the old reason that you cannot travel has been mitigated. This list is dedicated to the person who wants to transition into professional genealogy. This conference is geared directly to that purpose. Will you be there or ?be there?? -- Elissa Elissa Scalise Powell, CG , CGL www.PowellGenealogy.com <http://www.powellgenealogy.com/> www.GRIPitt.org <http://www.gripitt.org/> 28 June-3 July 2015 and 19-24 July 2015 in Pittsburgh, PA CG, Certified Genealogist, CGL, and Certified Genealogical Lecturer are service marks of the Board for Certification of Genealogists, used under license by board certificants after periodic evaluations. The board name is a trademark registered in the US Patent and Trademark Office. From: APG Executive Director [mailto:[email protected]] Sent: Monday, December 29, 2014 12:40 PM To: Elissa Scalise Powell Subject: LAST CHANCE to Register for PMC <http://www.apgen.org/common/email/logo_banner.gif> LAST CHANCE to Register for PMC Tomorrow -- Tuesday, 30 December 2014 -- is the last day to register for the live PMC online. And don't forget that Virtual PMC registration ends in just a week, on Tuesday, 6 January 2015. REGISTER TODAY FOR PMC Attend APG's Professional Management Conference in person on 8-9 January 2015 at the Hilton Salt Lake City Center. Registration to the 2-day conference includes: - 15 breakout sessions designed for professionals and taught by industry experts - $139 in sponsor gifts for each attendee - Keynote by Ancestry CEO Tim Sullivan - The first-annual PMC Poster Sessions - APG's annual meeting on Thursday - Complimentary APG reception on Friday evening - Valuable door prizes, networking opportunities, and much more! 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Register today at <https://u198667.ct.sendgrid.net/wf/click?upn=8DwKEZBrhTXOI-2F3xrh-2Fbb5Sv SGDl4IWBnpFfum2wEM82P9Lzvi-2B65RJSTWMYRTRv_uv59-2Fu-2FwlRS-2Fu4RhTJ5fbBMjj 2HA3dom727f0uYmF2CaenAikYae7-2BOkM-2FVNpmEQciafNwHbru9SQ5pC6Wn0vnCC5gbUPKj GMvQqwNVcfWObAGpeK03dyeCf6HtjUj4JpX7U8n8IkRCRUoIliDmW05ZhAyzR1eMds1CxXd054 Dr7fFuAnUg-2Faz6qcxlUDMOOANIkys-2FuJY7lE9NFAVPxqJ91WZBTkUtxQBVHsuKPtk4-3D> https://virtualpmc2015.eventbrite.com, where you can also view all pricing bundles. But hurry -- VPMC registration ends Tuesday, 6 January 2015. The 2015 Virtual PMC line up is: Thursday, 8 January 2015 - "Taxes and the Professional Genealogist," James M. Beidler - "Finding the Law," Judy Russell, JD, CG, CGL - "Mind Maps for Genealogy," Ron Arons, MBA - "DNA and Genealogical Proof," Angie Bush, MS Friday, 9 January 2015 - "Get Paid for Your Passion: Setting Fees," Elissa Scalise Powell, CG, CGL - "Finding Your Niche: Matching Passion, Professionalism & Pecuniary Interest," James M. Beidler - "How to Have Difficult Conversations with Clients and Colleagues," Christina Grover - "Time Management: Successfully Balancing the Demands of Our Many 'Clients,'" Angela Packer McGhie - "Genealogy Professionals Needed: Help Adoptees Discover Their Genealogical Roots with DNA" (2-hour workshop), CeCe Moore Visit www.apgen.org/conferences/classes.html <http://www.apgen.org/conferences/classes.html> for class descriptions and speaker bios. All registrations include 3-months' access to recordings of the same sessions. 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