Section 91-7-241 - Suit by or against administrator not to abate

If any executor or administrator die, resign, or be removed, suits or actions commenced by or against him shall not, for that reason, abate; but the same may be prosecuted by or against his successor, who may make himself a party by proper suggestion or, if he fail to do so, may be brought in by the opposite party by summons or scire facias. Judgments recovered by or against an executor or administrator who has died, resigned, or been removed may be revived for or against his successor in the same way.Codes, 1857, ch. 60, art. 124; 1871, § 1181; 1880, § 1514; 1892, § 1919; 1906, § 2094; Hemingway's 1917, § 1761; 1930, § 1716; 1942, § 613.