516.250. Suit abated by death of plaintiff, when--when and by whom new suit brought. - Missouri Statutes

Suit abated by death of plaintiff, when--when and by whom new suitbrought.

516.250. When an action commenced within the time prescribedby law shall abate by reason of the death of the plaintiff, ifthe right of action survived to his representatives, his executoror administrator may, within one year after such death, commencea new action, if the cause of such action would otherwisesurvive; and if any action so commenced by an executor oradministrator abate by the death of the plaintiff, a new actionmay be commenced by the administrator of the same estate, at anytime within one year after such abatement; or, if no executor oradministrator be appointed within that time, then within one yearafter letters testamentary or of administration shall have beengranted to him.

(RSMo 1939 § 1028)

Prior revisions: 1929 § 876; 1919 § 1331; 1909 § 1902