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Friendly Suit

creditor brought executor action

A lawsuit brought by an executor or administrator of the estate of a deceased person in the name of a creditor as if that creditor had initiated the action. The executor or administrator brings the suit against himself or herself in order to compel the creditors to take an equal distribution of the assets of the estate. An action brought by parties who agree to submit some doubtful question to the court in order to obtain an opinion on that issue.

Fries's Rebellion [next] [back] Henry Jacob Friendly

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