Suit on Administration Bond

  1. Law
  2. Tennessee Code
  3. Administration of Estates
  4. Executors and Administrators
  5. Bonds
  6. Suit on Administration Bond

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  1. Any person interested in or entitled to a recovery on a bond given by a personal representative may commence and prosecute a suit on the same in the name of the state of Tennessee for that person's own use.
  2. Where several persons are entitled to a recovery on bonds given by a personal representative, a verdict and judgment or a decree rendered on the bond in favor of one shall not be a bar to any other person so entitled, but each may respectively sue for and recover each person's own proportion until the whole penalty is recovered.
  3. When suits are brought on bonds given by a personal representative, it shall be sufficient to make profert of an attested or certified copy, and, if the copy is contested, either party may have a subpoena for the clerk to bring the original bond.
  4. The person for whose use a suit may be brought under this law shall be liable to costs in the same manner as if the suit had been brought in the person's own name, and the court may render judgment or decree for the costs accordingly.

Code 1858, §§ 2231-2234 (deriv. Acts 1822, ch. 16, §§ 1-4); Shan., §§ 3967-3970; Code 1932, §§ 8179-8182; T.C.A. (orig. ed.), §§ 30-211 — 30-214; Acts 1985, ch. 140, § 8.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 595, 986.


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