When any decedent shall in his lifetime have committed any trespass, the person injured, or his executor or administrator, shall have the same action against the executor or administrator of the decedent as he might have had or maintained against the testator or intestate, and shall have like remedy as in other actions against executors and administrators. Vindictive damages shall not be allowed, and such action shall be commenced within one year after publication of notice to creditors to probate and register their claims.
Miss. Code Ann. § 91-7-235
What actions survive against executor or administrator
Applied in 5 court decisions — leading case G.J.D. ex rel. G.J.D. v. Johnson (1998)
Most recently applied in Kraft Power Corp. v. Merrill (January 2013)
Codes, Hutchinson’s 1848, ch. 49, art. 1 (119); 1857, ch. 60, art. 119; 1871, § 1176; 1880, § 2080; 1892, § 1917; 1906, § 2092; Hemingway’s 1917, § 1759; 1930, § 1713; 1942, § 610.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.