§ 33-9-28 - Civil action with suggestion of waste.
SECTION 33-9-28
§ 33-9-28 Civil action with suggestion ofwaste. – If execution shall issue against the estate of the testator or intestate in thehands of the executor or administrator, and the officer charged with theservice thereof shall return thereon that he or she cannot find any estatewhereon to levy the execution, and that the execution has not been satisfied bythe executor or administrator, a civil action may be brought in the same courtwithin two (2) years after the date of the first publication of the notice ofthe qualification of the first executor or administrator against the executoror administrator, alleging a suggestion or waste; and after process has beenduly served by the officer to whom it shall be directed and by him or herreturned, if the executor or administrator makes default of appearance, or,coming in, shall not show sufficient cause to the contrary, judgment andexecution shall be awarded against him or her and his or her own proper estatefor the sum recovered, with interest due thereon, with costs, and, for want ofestate, against the body of the executor or administrator.