2010 Tennessee Code
Title 30 - Administration of Estates
Chapter 2 - Management, Settlement and Distribution
Part 4 - Sale of Land to Pay Debts
30-2-413 - Plea of sufficient assets, waste, or concealment Trial of collateral issue Execution.
30-2-413. Plea of sufficient assets, waste, or concealment Trial of collateral issue Execution.
(a) To this writ the heirs or devisees may plead that the executors or administrators have sufficient assets, or that they have wasted or concealed the assets, upon which plea the court shall order the trial of a collateral issue between the personal representative and the heirs or devisees.
(b) If this issue be found against the representative, the original plaintiff or complainant shall have execution not only against the goods and chattels of the deceased debtor, but also against the proper goods and chattels, lands and tenements of the representative.
[Code 1858, §§ 2262, 2263 (deriv. Acts 1784 (Oct.), ch. 11, § 5); Shan., §§ 3995, 3996; Code 1932, §§ 8207, 8208; T.C.A. (orig. ed.), §§ 30-615, 30-616.]
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