§ 33-9-28. Civil action with suggestion of waste.
If execution shall issue against the estate of the testator or intestate in the hands of the executor or administrator, and the officer charged with the service thereof shall return thereon that he or she cannot find any estate whereon to levy the execution, and that the execution has not been satisfied by the executor or administrator, a civil action may be brought in the same court within two (2) years after the date of the first publication of the notice of the qualification of the first executor or administrator against the executor or administrator, alleging a suggestion or waste; and after process has been duly served by the officer to whom it shall be directed and by him or her returned, if the executor or administrator makes default of appearance, or, coming in, shall not show sufficient cause to the contrary, judgment and execution shall be awarded against him or her and his or her own proper estate for the sum recovered, with interest due thereon, with costs, and, for want of estate, against the body of the executor or administrator.
History of Section.C.P.A. 1905, § 992; G.L. 1909, ch. 318, § 27; G.L. 1923, ch. 369, § 27; G.L. 1938, ch. 579, § 27; G.L. 1956, § 33-9-28; P.L. 1965, ch. 55, § 60.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-9 - Collection and Management of Decedents’ Estates
Section 33-9-1. - Return of inventory of estate.
Section 33-9-2. - Wearing apparel.
Section 33-9-3. - Emblements of lands.
Section 33-9-4. - Appraisal of property.
Section 33-9-5. - Debts owed by executor to decedent.
Section 33-9-6. - Marking and care of decedent’s grave.
Section 33-9-7. - Continuation of decedent’s business.
Section 33-9-8. - Redemption or sale of incumbered property.
Section 33-9-9. - Real estate mortgages as personal property.
Section 33-9-10. - Sale of mortgage and debt.
Section 33-9-11. - Taking possession of property by mortgage.
Section 33-9-12. - Possession and sale of property taken through mortgage.
Section 33-9-13. - Redemption of mortgaged property from executor or administrator.
Section 33-9-14. - Authority of executor or administrator to borrow.
Section 33-9-15. - Purposes for which borrowing authorized.
Section 33-9-16. - Effect of borrowing by executor or administrator.
Section 33-9-17. - Lender not liable for loss or misapplication.
Section 33-9-18. - Authority to lend, invest, vote, and protect investments.
Section 33-9-19. - General powers of executor or administrator unaffected.
Section 33-9-20. - Representation of contingent interests and persons non sui juris.
Section 33-9-21. - Appeals to supreme court.
Section 33-9-24. - Continuation of actions by or against decedent.
Section 33-9-25. - Substitution and execution by successor administrator.
Section 33-9-26. - Liability of executor in own wrong.
Section 33-9-27. - Personal liability of executor or administrator for debts of estate.
Section 33-9-28. - Civil action with suggestion of waste.
Section 33-9-29. - Descent or distribution of real estate to be recorded.