§ 43-2-236 — Revocation of Letters Upon Proof That Supposed Decedent Is Alive - Substitution of Parties; Reopening Judgments

Alabama § 43-2-236

• Jurisdiction: Alabama
• Title 43: Wills and Decedents’ Estates
• Ch. 2: Administration of Estates
• Art. 10: Administration of Estates of Persons Presumed Dead

Text

After revocation of the letters, the person erroneously supposed to be dead, may, on suggestion filed of record of the proper fact, be substituted as plaintiff in all actions brought by the administrator, whether prosecuted to judgment or otherwise. He or she may in all actions previously brought against his or her administrator be substituted as defendant on proper suggestion filed by him or her, or by the plaintiff therein, but shall not be compelled to go to trial in less than three months from the time of such suggestion filed. Judgments recovered against the administrator before revocation, as aforesaid, of the letters may be reopened on application by the supposed decedent made within three months from the said revocation and supported by affidavit denying specifically on the knowledge of the affiant the cause of action or specifically alleging the existence of facts which would be a valid defense; but, if within the said three months, such application shall not be made or, being made, the facts exhibited shall be adjudged an insufficient defense, the judgment shall be conclusive to all intents, saving the defendant’s right to have it reviewed, as in other cases, by certiorari, or writ of error or by appeal, whichever is applicable under the practice then prevailing in this state with respect thereto.

Legislative History

(Acts 1939, No. 46, p. 53; Code 1940, T. 61, §162.)