§ 53-7-52 - (Pre-1998 Probate Code) Against what property judgments against executors or administrators levied - Georgia Statutes

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-7 > Article-2 > 53-7-52

O.C.G.A. 53-7-52 (2010)
53-7-52. (Pre-1998 Probate Code) Against what property judgments against executors or administrators levied

In an action against an executor or administrator in his representative character, the judgment shall generally be de bonis testatoris. However, when the executor or administrator unsuccessfully makes a defense of ne unques executor, or a release to himself, or plene administravit, or plene administravit praeter, the judgment shall be that the plaintiff recover both the debt and costs, to be first levied on the goods, chattels, lands, and tenements of the decedent, if found, and if such property is not found, then to be levied on the personal goods, chattels, lands, and tenements of the defendant executor or administrator.

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-7 > Article-2 > 53-7-52

O.C.G.A. 53-7-52 (2010)
53-7-52. (Pre-1998 Probate Code) Against what property judgments against executors or administrators levied

In an action against an executor or administrator in his representative character, the judgment shall generally be de bonis testatoris. However, when the executor or administrator unsuccessfully makes a defense of ne unques executor, or a release to himself, or plene administravit, or plene administravit praeter, the judgment shall be that the plaintiff recover both the debt and costs, to be first levied on the goods, chattels, lands, and tenements of the decedent, if found, and if such property is not found, then to be levied on the personal goods, chattels, lands, and tenements of the defendant executor or administrator.

State Codes and Statutes

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State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-7 > Article-2 > 53-7-52

O.C.G.A. 53-7-52 (2010)
53-7-52. (Pre-1998 Probate Code) Against what property judgments against executors or administrators levied

In an action against an executor or administrator in his representative character, the judgment shall generally be de bonis testatoris. However, when the executor or administrator unsuccessfully makes a defense of ne unques executor, or a release to himself, or plene administravit, or plene administravit praeter, the judgment shall be that the plaintiff recover both the debt and costs, to be first levied on the goods, chattels, lands, and tenements of the decedent, if found, and if such property is not found, then to be levied on the personal goods, chattels, lands, and tenements of the defendant executor or administrator.