§ 1 Enumeration
§ 2 Death of party in suit against officer
§ 3 Judgment for or against executor or administrator of officer
§ 4 Death of sole plaintiff or defendant
§ 4A Substitution of executor or administrator
§ 5 Prosecution or defense of actions by executor or administrator; citation
§ 5A Commencement of action for order to executor or administrator to appear and defend notwithstanding failure to take out citation within time limit of preceding section; further orders for determination on merits
§ 5B Failure of legal representative to give timely notice of death to plaintiff as ground for relief authorized by Sec. 5A
§ 5C Prior payment or distribution unaffected by relief authorized by Sec. 5A or Rules of Civil Procedure
§ 6 Nonsuit or default
§ 7 Death of joint plaintiff or defendant
§ 8 Prosecution by devisee or heir
§ 9 Death of one of several plaintiffs
§ 10 Prosecution by survivor
§ 11 Death of defendant
§ 13 Insanity of party during pendency of action
§ 14 Removal, resignation or death of appointed public officer or trustee
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Terms Used In Massachusetts General Laws > Chapter 228 - Survival of Actions and Death and Disabilities of Parties

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Devise: To gift property by will.
  • Executor: A male person named in a will to carry out the decedent
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Statute: A law passed by a legislature.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.