§ 1402 - Sum recovered paid to person entitled thereto
§ 1402. Sum recovered paid to person entitled thereto
When an executor or administrator commences or prosecutes an action founded on a debt, demand or claim for damages, and is only a trustee of such claim for the use of another person, and where the claim, although prosecuted in the name of the executor or administrator, belongs to another person, the sum or property recovered shall not be assets in the hands of such executor or administrator, but shall be paid over to the person entitled thereto, after deducting or being paid the costs and expenses of the prosecution.