Judgments against executor or administrator; amount of damages; when assessed

§ 20–1502. Judgments against executor or administrator; amount of damages; when assessed (a) When the verdict of the jury in a suit against an executor or administrator is against the defendant, or he is willing to confess judgment, and the debt or damages which the deceased, if alive, ought to pay, is ascertained by verdict, or confession, or otherwise, the court shall assess the sum which the executor or administrator ought to pay, regard being had to the amount of assets in his hands and the debts due to other persons. When it appears to the court that there are assets to discharge all just claims against the deceased, the judgment shall be for the whole debt or damages found by the jury, or confessed, or otherwise ascertained, and costs. When it appears to the court that there are not sufficient assets to discharge all just claims against the deceased, the judgment shall be for such sum only as bears a just proportion to the amount of the debt or damages and costs, regard being had to the amount of all the just claims and of the assets. (b) The court may not assess, as provided by subsection (a) of this section, and enter judgment against an executor or administrator until the time limited by law or by the court for the executor or administrator to pass his account has expired and the executor or administrator has made oath that he does not have assets to discharge all the just claims. The account settled by the Probate Court, in which the debt or damages sued for ought to be stated, is evidence to show the amount of assets and claims; and the court may, when the actual debt or damages are ascertained, refer the matter to an auditor to ascertain the sum for which judgment shall be given. When the judgment is for a sum inferior to the real actual or damage and costs, it shall also stipulate “that the plaintiff be entitled to such further sum as the court shall hereafter assess on discovery of further assets in the hands of the defendant”. The court, at any time afterwards, when applied to by the plaintiff, on three days’ notice to the defendant or his attorney, may assess and give judgment for such further proportion able sum as the plaintiff appears entitled to, regard being had as provided by this section to the amount of the debt and other claims. On a judgment entered as provided by this section a fieri facias may issue against the defendant, and either his own goods or the goods of the deceased may be thereupon taken and sold. The executor or administrator shall discharge the judgment or put it on a footing with other just claims, and on failure his bond may be sued upon by the plaintiff.