Executors and administrators.

(a) Executors and administrators may be garnished for debts due by the testator or intestate to the defendant and may have process of garnishment in their representative character.

(b) Executors and administrators may be garnished for debts due by the legatees or distributees, but no judgment can be entered against them until a settlement of the estate, unless they assent to the legacy or admit assets to pay the amount claimed or some portion thereof out of the distributive share of the debtor.

(Code 1852, §§2519, 2520; Code 1867, §§2946, 2947; Code 1876, §§3272, 3273; Code 1886, §§2948, 2949; Code 1896, §§2178, 2179; Code 1907, §§4307, 4308; Code 1923, §§8058, 8059; Code 1940, T. 7, §§1002, 1003.)