Delaware Statutes

§ 3706 — Judgment for or against executor or administrator

Delaware·Title 10·Part Procedure·Ch. 37 SURVIVAL OF ACTIONS AND CAUSES OF ACTION; WRONGFUL DEATH ACTIONS·Subch. Survival of Actions and Causes of Action
(a)The benefit of a judgment for or against an executor or administrator shall not be lost by executor’s or administrator’s death or removal from office, but proceedings may be had upon such judgment either at the suit of or against a succeeding executor or administrator.
(b)An executor or administrator may be admitted a party plaintiff to a judgment, on motion, without scire facias.

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Legislative History

Code 1852, §§ 2298, 2299; 12 Del. Laws, c. 477 ; 14 Del. Laws, c. 88 ; Code 1915, § 4158; Code 1935, § 4641; 10 Del. C. 1953, § 3706; 70 Del. Laws, c. 186, § 1

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