M.G.L.A. 199A § 5. Filing by domiciliary foreign personal representatives

1. Capacity to sue

Medical malpractice defendant was not entitled to dismissal of action on ground that plaintiff, the duly appointed executrix of patient's estate in Vermont, failed to obtain ancillary powers as executrix in Massachusetts before filing suit and before medical malpractice tribunal convened and issued its finding; although defendant raised lack of executrix capacity in his answer, he then waited, for 15 months after medical malpractice tribunal and full two and one- half years after originally pleading plaintiff's lack of executrix capacity, to advance that issue, neither party would have been able to raise at tribunal issue of plaintiff's capacity to sue, and plaintiff did remedy any defect in her representative capacity when, in response to defendant's summary judgment motion, plaintiff filed authenticated copies of her Vermont appointment with Massachusetts court, together with copy of bond filed in Vermont and her appointment of resident agent for service of process. Bohl v. Leibowitz, D.Mass.1998, 1 F.Supp.2d 67. Federal Civil Procedure  1746