Suit abated by the death of either party may be revived by or against the heir, personal representative, guardian or assign, as the case may be, who may be legally entitled to the decedent's place in the subject matter of the litigation.
Code 1858, § 2859 (deriv. Acts 1786, ch. 14, § 1; 1794, ch. 1, § 64; 1809 (Sept.), ch. 121, § 3); Shan., § 4579; Code 1932, § 8704; T.C.A. (orig. ed.), § 20-618.
Structure 2021 Tennessee Code
Chapter 5 - Abatement and Survival of Actions
§ 20-5-101. No Abatement Where Cause Survives
§ 20-5-102. Actions Surviving Death of Party
§ 20-5-104. Revival by or Against Heirs
§ 20-5-105. Revival by or Against Successor in Interest
§ 20-5-107. Prosecution of Action by Representative or Surviving Spouse or Next of Kin
§ 20-5-108. Continuation of Decedent's Action
§ 20-5-111. Death of Beneficiary Before Action
§ 20-5-112. Death of Beneficiary During Action
§ 20-5-113. Damages Recoverable in Wrongful Death
§ 20-5-114. Death of Executor or Administrator