Estate of Sprowl
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MAINE SUPREME JUDICIAL COURT					Reporter of Decisions
Decision:	2001 ME   10 
Docket:	Kno-00-403	
Submitted
On Briefs:	December 20, 2000
Decided:	January 17, 2001

Panel:WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, and
CALKINS, JJ.

ESTATE OF ERNEST O. SPROWL

PER CURIAM

	Ava B. Cunningham, personal representative of the Estate of Avis B.
Sprowl, appeals from a judgment entered in the Knox County Probate Court
(Emery, J.) (1) granting a summary judgment in favor of David Sprowl,
personal representative of the Estate of Ernest O. Sprowl and (2) denying, as
time barred, her petition to surcharge David Sprowl.  The parties limited
their argument to the applicability of 14 M.R.S.A. § 752.{1}  The court rested
its decision on section 752.  Because neither the parties nor the court
considered the applicability of 18-A M.R.S.A. § 3-1005,{2} we vacate the
judgment of the Knox County Probate Court and remand for consideration of
the applicability of section 3-1005.
	The entry is:
Judgment vacated and remanded to
Knox County Probate Court.

Attorney for appellant:

Nathan Dane III, Esq.
205 French Street
Bangor, ME 04401

Attorney for appellee:

Barbara T. Schneider, Esq.
Murray Plumb & Murray
P O Box 9785
Portland, ME 04104-5085

FOOTNOTES******************************** {1} . Section 752 provides that: All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards, except actions on a judgment or decree of any court of record of the United States, or of any state or of a justice of the peace in this State, and except as otherwise specially provided. 14 M.R.S.A. § 752 (1980). {2} . 18-A M.R.S.A. § 3-1005 of the Probate Code provides that: Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within 6 months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate. 18-A M.R.S.A. § 3-1005 (1998).