Premature Suit — Abatement — Judgment Voidable

  1. Law
  2. Tennessee Code
  3. Administration of Estates
  4. Management, Settlement and Distribution
  5. Suits Against Representatives
  6. Premature Suit — Abatement — Judgment Voidable

Checkout our iOS App for a better way to browser and research.

  1. To all suits instituted within three (3) months after issuance of letters, the administrator or executor shall plead the prematurity of the action in abatement, or, in default thereof, shall be held liable as for a devastavit, if the estate proves insolvent.
  2. A judgment by confession or by default within the period of three (3) months against an administrator or executor, shall be deemed as to the estate voidable.

Code 1858, §§ 2275, 2276 (deriv. Acts 1831, ch. 23, § 2); Shan., §§ 4008, 4009; mod. Code 1932, §§ 8221, 8222; modified; C. Supp. 1950, § 8221; Acts 1971, ch. 230, §§ 2, 3; T.C.A. (orig. ed.), §§ 30-1002, 30-1003.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 747, 753.


Download our app to see the most-to-date content.