Massachusetts General Laws

Mass. Gen. Laws ch. 260, § 10 (2026)

Death of party; effect

✓ current as of July 2026

Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 10. If a person entitled to bring or liable to any action before mentioned dies before the expiration of the time hereinbefore limited, or within thirty days after the expiration of said time, and the cause of action by law survives, the action may be commenced by the executor or administrator at any time within the period within which the deceased might have brought the action or within two years after his giving bond for the discharge of his trust and against the executor or administrator in accordance with the limitations provided by chapter one hundred and ninety-seven, relative to the limitation of actions against the executor or administrator by creditors of the deceased. If a person, liable to an action for death the payment of the judgment in which is required to be secured by chapter ninety, dies before the expiration of the time limited in section four, or within thirty days after the expiration of said time, the action may be commenced against the executor or administrator subject to the pertinent limitations in chapter one hundred and ninety-seven, relative to the limitation of actions against the executor or administrator by creditors of the deceased.

Notwithstanding the provisions of the preceding paragraph, any action pursuant to this section may be commenced by the executor or administrator within three years from the date when the executor or administrator knew, or in the exercise of reasonable diligence, should have known of the factual basis for a cause of action.

Notes of Decisions

Cited in 29 cases (1 in the last 5 years), 1925–2021 · leading case: Pobieglo v. Monsanto Co., 521 N.E.2d 728 (Mass. 1988).

Sort: Relevance Newest Treatment

Pobieglo v. Monsanto Co., 521 N.E.2d 728 (Mass. 1988). · cites it 14× “" It follows, therefore, that the plaintiffs' claims for the decedent's conscious suffering are governed by G.L.c. 260, § 10. In pertinent part, G.L.”

Gaudette v. Webb, 284 N.E.2d 222 (Mass. 1972). · cites it 4× “and the cause of action by law survives, the action may be commenced by the executor or administrator at any time within the period within which the deceased might have brought the action or within two years after his giving bond for the discharge of his trust” (emphasis…”

Fearon v. Commonwealth, 474 N.E.2d 162 (Mass. 1985). · cites it 5× “The administratrix argued that under the tolling provisions of G. L. c. 260, § 10, the presentment requirement was satisfied by a second presentment made more than two years after the cause of action arose but well within two years of her giving her bond as administratrix.”

Weaver v. Commonwealth, 438 N.E.2d 831 (Mass. 1982). · cites it 2× “She argues that (1) the first presentment was sufficient because it constituted constructive notice to the Secretary, (2) the second presentment amended and related back to the first and was therefore effective as of the date of the first, and (3) the two-year presentment period…”

Rice v. Santander Bank, N.A., 196 F. Supp. 3d 146 (D. Mass. 2016). · cites it 2× “” Mass. Gen. Laws ch. 260, § 10 . For reasons that are not disclosed in the record, plaintiff was not appointed personal representative of his mother’s estate until December 2015, more than four years after her death.”

Noon v. Beford, 209 N.E.2d 292 (Mass. 1965). · cites it 11× “The instant case is not within the provisions of the first sentence 2 of G. L. c. 260, § 10, in so far as they relate to the death of a person “entitled to bring” an action.”

Mellinger v. Town of West Springfield, 515 N.E.2d 584 (Mass. 1987). · cites it 2× “G. L. c. 260, § 10. Determining whether the § 1983 claims survive, like determining its limitation period, is more involved.”

Heck v. Commonwealth, 491 N.E.2d 613 (Mass. 1986). · cites it 2× “50 (1985) (presentment requirement not tolled by application of G. L. c. 260, § 10, where executor of plaintiff’s estate failed to comply with presentment requisites of act); George v.”

Gun Owners' Action League, Inc. v. Swift, 284 F.3d 198 (1st Cir. 2002). “Mass. Gen. Laws ch. 260, § 10 (a) (1997).”

O'BRIEN v. Massachusetts Bay Transp. Auth., 541 N.E.2d 334 (Mass. 1989). “231, § 60D (expressly provides for shortened statute of limitations for minors bringing medical malpractice claims); G. L. c. 260, § 10 (if person entitled to bring action dies, statute of limitations is tolled only until two years after executor or administrator gives bond).”

Berube v. City of Northampton, 602 N.E.2d 560 (Mass. 1992). “50 (1985) (presentment requirement not tolled by G. L. c. 260, § 10); Hernandez v. Boston, 394 Mass.”

Heinrich Ex Rel. Heinrich v. Sweet, 62 F. Supp. 2d 282 (D. Mass. 1999). “229, § 2 (Wrongful *305 Death); Mass.Gen.L. ch. 260, § 10 (Survival). The Court’s reasoning in the April 20 Order, see Heinrich, 44 F.”

Show all 29 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.