Mississippi Code
Miss. Code Ann. § 91-7-235 (2026)
What actions survive against executor or administrator
✓ current as of July 2026
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.
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.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1998–2021 · leading case: GJD BY GJD v. Johnson, 713 A.2d 1127 (Pa. 1998).
GJD BY GJD v. Johnson, 713 A.2d 1127 (Pa. 1998). “230, § 2 (West 1974); Mississippi, Miss.Code Ann. § 91-7-235 (1973); Nevada, Nev.”
Kraft Power Corp. v. Merrill, 981 N.E.2d 671 (Mass. 2013). “18-A, § 3-818 (2012); Miss. Code Ann. § 91-7-235 (2004); Nev. Rev.”
In the Matter of the Est. of Johnny VAJGRT, Deceased, Bill Ernst, Inc., Intervenor-Appellant, 801 N.W.2d 570 (Iowa 2011). “885 , 887 (1891) (subsequently codified at Miss.Code Ann. § 91-7-235 (West, Westlaw through 2011 legislative sessions)), ovemtled on other grounds by Glaskox ex rel.”
Wilbanks v. Gray, 795 So. 2d 541 (Miss. Ct. App. 2001). “A portion of the summary judgment ruling denied punitive damages against the estate of Gertrude R.”
Kaplan v. Harco Nat. Ins. Co., 716 So. 2d 673 (Miss. Ct. App. 1998). “Miss. Code Ann. § 91-7-235 (Rev. 1994); Mervis v.”
G.J.D. ex rel. G.J.D. v. Johnson, 713 A.2d 1127 (Pa. 1998). “230, § 2 (West 1974); Mississippi, Miss.Code Ann. § 91-7-235 (1973); Nevada, Nev.”
Snider v. Vertex Aerospace LLC (S.D. Miss. 2021). “Miss. Code Ann. § 91-7-235 provides as follows: 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…”
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