Section 43-2-130 Venue; service of process. Civil actions may be brought against executors or administrators in their representative character, in all cases, in the county in which letters were granted. Service of process may be made on them in any county in the state. (Code 1852, §1918; Code 1867, §2277; Code 1876, §2615; Code 1886, […]
Section 43-2-131 Limitation on actions against executor or administrator. No civil action must be commenced against an executor or administrator, as such, until six months after the grant of letters testamentary or of administration, unless the executor or administrator has given notice of the disallowance of the claim. (Code 1852, §1917; Code 1867, §2276; Code […]
Section 43-2-132 Actions begun by special administrator not abated. Civil actions commenced by a special administrator do not abate by the appointment of an executor or administrator in chief, but may be prosecuted by such executor or administrator. (Code 1852, §1924; Code 1867, §2283; Code 1876, §2621; Code 1886, §2264; Code 1896, §332; Code 1907, […]
Section 43-2-133 Succeeding executor or administrator to be made party to civil actions. When any civil action has been commenced by or against the personal representative of a decedent, the same may be prosecuted by or against any succeeding executor or administrator, who may, on motion, be made a party. (Code 1852, §1925; Code 1867, […]
Section 43-2-134 Judgments against administrators in chief revived against administrators de bonis non. In all cases where judgment has been rendered against an administrator in chief of any estate, and such administrator in chief dies, resigns or is removed before the satisfaction of such judgment, such judgment may be revived in favor of the owners […]
Section 43-2-135 Actions against survivor of two or more executors or administrators. If any one of two or more executors or administrators, against whom a civil action is pending, die during the pendency of the action, it does not abate but may be continued against the survivor or survivors, on a suggestion of such death […]
Section 43-2-136 Survival of actions for damages to realty. All proceedings to ascertain damages done to real property survive to the executors or administrators. (Code 1852, §1929; Code 1867, §2288; Code 1876, §2632; Code 1886, §2267; Code 1896, §335; Code 1907, §2808; Code 1923, §6047; Code 1940, T. 61, §124.)
Section 43-2-137 Action on bond. Civil actions may be brought or proceedings had on any bond given by an executor or administrator, as such, in the name of the party aggrieved until the whole penalty is exhausted. (Code 1852, §1713; Code 1867, §2034; Code 1876, §2403; Code 1886, §2272; Code 1896, §341; Code 1907, §2809; […]
Section 43-2-138 Action by legatee to recover legacy. Any legatee, after six months from the grant of letters testamentary or of administration, with the will annexed, may bring a civil action and recover his legacy, upon proof that the executor assented to the same. (Code 1852, §1931; Code 1867, §2290; Code 1876, §2634; Code 1886, […]
Section 43-2-139 Inventory as evidence. In an action against an executor or administrator, in which the fact of his having administered the estate of his testator or intestate, or any part thereof, comes in issue, and the inventory of the property of the deceased, filed by him, is given in evidence, the effect of the […]
