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Mississippi Code

Miss. Code Ann. § 91-7-237 (2026)

Death of party not to abate suit in certain cases

✓ current as of July 2026
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When either of the parties to any personal action shall die before final judgment, the executor or administrator of such deceased party may prosecute or defend such action, and the court shall render judgment for or against the executor or administrator. If such executor or administrator, having been duly served with a scire facias or summons five days before the meeting of the court, shall neglect or refuse to prosecute or defend the suit, the court may render judgment in the same manner as if such executor or administrator had voluntarily made himself a party to the suit. The executor or administrator who shall become a party shall be entitled to a continuance of the cause until the next term of the court.

Codes, Hutchinson's 1848, ch. 58, art. 1 (47); 1857, ch. 61, art. 49; 1871, § 677; 1880, § 1513; 1892, § 1918; 1906, § 2093; Hemingway's 1917, § 1760; 1930, § 1714; 1942, § 611.

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1991–2026 · leading case: In Re Est. of Beckley, 961 So. 2d 707 (Miss. 2007).
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In Re Est. of Beckley, 961 So. 2d 707 (Miss. 2007). · cites it 4× “On June 10, 2002, Clarence Beckley, the executor of Ladell's estate, was substituted as the party-plaintiff in the action pursuant to Miss.Code Ann. § 91-7-237 (Rev.2004), which states that "[w]hen either of the parties to any personal action shall die before final judgment, the…”
Harris v. Darby, 17 So. 3d 1076 (Miss. 2009). · cites it 2× “If such executor *1080 or administrator, having been duly-served with a scire facias or summons five days before the meeting of the court, shall neglect or refuse to prosecute or defend the suit, the court may render judgment in the same manner as if such executor or…”
Flight Line, Inc. v. Tanksley, 608 So. 2d 1149 (Miss. 1992). “Miss. Code Ann. § 91-7-237 (1972). [14] One would think the statute fit this case like a glove.”
Curtis W. Caine, Jr., M.D. v. M.D. Hardy, M.D., 943 F.2d 1406 (5th Cir. 1991). “” Miss.Code Ann. § 91-7-237. Whether Dr. Caine’s lawsuit survives depends on whether it is a “personal action.”
Clark Sand Co., Inc. v. Kelly, 60 So. 3d 149 (Miss. 2011). “” Miss. Code § 91-7-237 (Rev.2004). . Mississippi Rule of Civil Procedure 25(a)(1) provides: If a party dies and the claim is not thereby extinguished, the court shall, upon motion, order substitution of the proper parties.”
Kinsey v. Pangborn Corp., 78 So. 3d 301 (Miss. 2011). “See Miss.Code Ann. § 91-7-237 (Rev.2004) (”[w]hen either of the parties to any personal action shall die before final judgment, the executor or administrator of such deceased party may prosecute or defend such action, and the court shall render judgment for or against the…”
Necaise v. Sacks, 841 So. 2d 1098 (Miss. 2003). “Miss.Code Ann. § 91-7-237 states, in pertinent part: When either of the parties to any personal action shall die before final judgment, the executor or administrator of such deceased party may prosecute or defend such action, and the court shall render judgment for or against…”
Est. of Pataelain Paulk v. Dr. Roger T. Lott, 217 So. 3d 747 (Miss. Ct. App. 2017). “See Miss. Code Ann. § 91-7-237 (Rev. 2013). We can only assume that an estate has been opened and that it has an administrator or executor, since counsel filed a motion asking that Paulk’s estate be substituted.”
Madison v. Vintage Petroleum, Inc., 872 F. Supp. 340 (S.D. Miss. 1994). “at 723 ; see also Miss.Code Ann. § 91-7-237 (“When either of the parties to a personal action shall die before final judgment, the executor or administrator of such *343 deceased party may prosecute or defend such action_”).”
Beckley v. Beckley, 961 So. 2d 712 (Miss. Ct. App. 2006). · cites it 2× “See Miss.Code Ann. § 91-7-237 (Rev.2004). I would reverse the decision of the chancellor and render a judgment in favor of the estate for the approximately thirty thousand dollars which Satterwhite wrongfully withdrew from the certificate of deposit, plus the accumulated…”
Ivy v. Mississippi Dep't of Corr. (N.D. Miss. 2022). · cites it 2× “A separate state statute, Miss. Code Ann. § 91-7-237 , governs who may pursue a personal injury claim of a deceased unrelated to their alleged death.”
Clarence Beckley v. John Beckley (Miss. 2005). · cites it 3× “On June 10, 2002, Clarence Beckley, the executor of Ladell's estate, was substituted as the party-plaintiff in the action pursuant to Miss. Code Ann. § 91-7-237 (Rev. 2004), which states that "[w]hen either of the parties to any personal action shall die before final judgment,…”
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