Section 31 Actions against executor or administrator after estate represented insolvent - Massachusetts Statutes

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 19. See 2008, 521, Sec. 44.]

Section 31. Except as provided in the following section, no action shall be maintained against an executor or administrator after an estate has been represented insolvent, unless for a claim entitled to a preference which would not be affected by the insolvency of the estate or unless the assets prove more than sufficient to pay all the debts allowed. If the estate is represented insolvent while an action is pending for a claim which is not entitled to such preference, the action may be discontinued without costs; or, if it is disputed, it may be tried and determined and judgment rendered thereon in the same manner and with the same effect as is provided in the case of an appeal from the allowance or disallowance of the claim of a creditor; or it may be continued without costs until it appears whether the estate is insolvent, and, if it is not insolvent, the plaintiff may prosecute the action as if no such representation had been made.