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  • PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
    (Chapters 183 through 210)
  • TITLE II DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS
  • CHAPTER 197 PAYMENT OF DEBTS, LEGACIES AND DISTRIBUTIVE SHARES
  • Section 16 Unliquidated claims; pleadings

[ Text of section effective until March 31, 2012. Repealed by 2008, 521, Sec. 16. See 2008, 521, Sec. 44 as amended by 2010, 409, Sec. 23 and 2011, 224.]

  Section 16. If the action is brought on such bond, the plaintiff shall set forth his original cause of action against the deceased in like manner as would be required in a declaration for the same demand against the executor or administrator, and may allege the non-payment of the claim as a breach of the condition of the bond; and the defendant may answer any matter of defence which would be available against the claim if prosecuted in the usual manner against the executor or administrator.