No executor or administrator can allege his or her resignation in defense to any action or proceeding without an averment that he or she has settled his or her administration and delivered over the assets of the estate as required by law.
History: (Code 1852, §1920; Code 1867, §2279; Code 1876, §2617; Code 1886, §2270; Code 1896, §339; Code 1907, §2800; Code 1923, §6039; Code 1940, T. 61, §116.)