516.240. If defendant dies, when and against whom new suit to be brought. - Missouri Statutes

If defendant dies, when and against whom new suit to be brought.

516.240. If any action is commenced within the timeprescribed in sections 516.010 to 516.230, and the defendant inthe suit dies before judgment, and if the right of action is suchas survives against the representatives of the defendant, theplaintiff may commence a new action against the heirs, deviseesor assigns of the defendant, as the case requires, within oneyear after his death; but if an executor or administrator isappointed then the new action may be commenced against theexecutor or administrator within nine months after the firstpublished notice of letters testamentary or of administrationwhether more or less than one year after such death.

(RSMo 1939 § 1027, A.L. 1957 p. 292, A.L. 1959 H.B. 95)

Prior revisions: 1929 § 875; 1919 § 1330; 1909 § 1901