Massachusetts General Laws

Mass. Gen. Laws ch. 230, § 1 (2026)

Survival of actions

✓ current as of July 2026

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Section 1. An action which would have survived if commenced by or against the original party in his lifetime may be commenced and prosecuted by or against his executor or administrator.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1928–2025 · leading case: Northrup v. Brigham, 826 N.E.2d 239 (Mass. App. Ct. 2005).

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Northrup v. Brigham, 826 N.E.2d 239 (Mass. App. Ct. 2005). “3 Her amended complaint, filed pursuant to G. L. c. 230, § 1, alleged breach of contract, quantum meruit, and constructive trust and unjust enrichment.”

Thrivent Fin. for Lutherans v. Strojny, 882 F. Supp. 2d 260 (D. Mass. 2012). · cites it 3× “Mass. Gen. Laws ch. 230 § 1; Bateman v. Wood, 297 Mass.”

Labonte v. Giordano, 687 N.E.2d 1253 (Mass. 1997). “Similarly, now that Martha has died, the executor or administrator of her estate could sue Giordano under G. L. c. 230, § 1, to recover for any wrongful actions against Martha to the same extent that she could have sued Giordano during her lifetime.”

Sullivan v. Rich, 878 N.E.2d 937 (Mass. App. Ct. 2007). · cites it 2× “Likewise, G. L. c. 230, § 1, provides, “An action which would have survived if commenced by or against the original party in his lifetime may be commenced and prosecuted by or against his executor or administrator.”

Union Mkt. Nat'l Bank v. Gardiner, 177 N.E. 682 (Mass. 1931). “This conclusion is fortified by G. L. c. 230, § 1, whereby it is provided that an “action which would have survived if commenced by or against the original party in his lifetime may be commenced and prosecuted by or against his executor or administrator.”

Simmons v. Barns, 161 N.E. 821 (Mass. 1928). “G. L. c. 230, § 1. To maintain the action it is not necessary to trace the specific proceeds of the bonds or to prove that the money came into the hands of the executor.”

Moore v. Healy, 745 F. Supp. 791 (D. Mass. 1990). “1 See Mass.Gen.Laws ch. 230, § 1. The Corozza defendants, merely as beneficiaries of Mrs.”

Arocho v. Chicopee Hous. Auth. (D. Mass. 2025). “” Nordberg, 2012 WL 2990763 , at *3 (citing Mass. Gen. Laws ch. 230, § 1 ). See Mass.”

Zampier v. Hubbard, 19 Mass. L. Rptr. 693 (Mass. Super. Ct. 2005). “Instead, G.L.c. 230, §1 governs the instant case. That provision establishes that “(a]n action which would have survived if commenced by or against the original party in his lifetime may be commenced and prosecuted by or against his executor or administrator.”

Lombardi v. Virostek, 4 Mass. L. Rptr. 686 (Mass. Super. Ct. 1996). “” G.L.c. 230, §1. 6 “In this Commonwealth, the view has been that actions of contract survive by the common law but actions of tort do not.”

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