(1) To all suits instituted within three (3) months after issuance of letters, the administrator or executor shall plead the prematurity of the action in abatement, or, in default thereof, shall be held liable as for a devastavit, if the estate proves insolvent.
(2) A judgment by confession or by default within the period of three (3) months against an administrator or executor, shall be deemed as to the estate voidable.