245.260. Action not to abate by reason of death of party. - Missouri Statutes

Action not to abate by reason of death of party.

245.260. No action under sections 245.010 to 245.280 shallabate by reason of the death or disability of any party to anyproceeding, but upon suggestion of such death or disability thecause shall be immediately revived in the name of the heirs,devisees or their legal representatives, and summons shall beserved on such heirs, devisees and legal representatives at leastfive days before the day set for hearing the cause, and saidsummons may be served in vacation or term time; if the heirs,devisees or legal representatives of the deceased party arenonresidents notice by publication shall be given them in themanner and for the time provided for in section 245.020 and thecause shall then proceed in all respects as in case of theoriginal parties being in court.

(RSMo 1939 § 12527)

Prior revisions: 1929 § 10937; 1919 § 4631