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The 189th General Court of the Commonwealth of Massachusetts

Section 8: Prosecution by devisee or heir

Section 8. If, in a real or mixed action, the plaintiff dies before final judgment, his heir or devisee of the land demanded or of the right of action may, within such time as the court allows, appear and prosecute the action in the same manner as if commenced by him. If the first estate in possession under a devise is not a fee simple, the devisee of the first freehold estate in possession may appear and prosecute, and the judgment, if in his favor, shall be conformed to his title.