Right of action against executor; insolvent personal representative
Sec. 5. The naming of any person as executor in a will shall not
operate as a discharge or bequest of any right of action which the
testator had against such executor, but such right of action, if it
survives, shall be included among the assets of the decedent in the
inventory. If the personal representative is or becomes insolvent,
debts owed by him to the decedent shall not be deemed assets in his
hands in determining the liability on his bond.
(Formerly: Acts 1953, c.112, s.1205.)
Last modified: May 27, 2006