(a) The benefit of a judgment for or against an executor or administrator shall not be lost by executor’s or administrator’s death or removal from office, but proceedings may be had upon such judgment either at the suit of or against a succeeding executor or administrator.

Terms Used In Delaware Code Title 10 Sec. 3706

  • Executor: A male person named in a will to carry out the decedent
  • Plaintiff: The person who files the complaint in a civil lawsuit.

(b) An executor or administrator may be admitted a party plaintiff to a judgment, on motion, without scire facias.

Code 1852, §§ ?2298, 2299; 12 Del. Laws, c. 477; 14 Del. Laws, c. 88; Code 1915, § ?4158; Code 1935, § ?4641; 10 Del. C. 1953, § ?3706; 70 Del. Laws, c. 186, § ?1;