Defenses of Executors Sued Separately

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The defendants, so separately sued, shall not be held further liable than if all were sued and may avail themselves of all the defenses allowed where all are sued.

Code 1858, § 2793 (deriv. Acts 1826, ch. 38, § 1; 1827, ch. 84, § 1); Shan., § 4490; Code 1932, § 8617; T.C.A. (orig. ed.), § 20-113.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 741.

Collateral References. 34 C.J.S. Executors and Administrators § 1045.

Executors and Administrators 432, 433.


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