Tennessee Statutes

§ 30-2-502 — Premature suit - Abatement - Judgment voidable

Tennessee·Title 30
(a)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.
(b)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.

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Legislative History

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.

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