Fieri Facias De Bonis Testatoris Law and Legal Definition

Fieri facias de bonis testatoris is a writ of execution issued on an ordinary judgment against an executor, on account of a debt due from his/her testator that can only be levied on property which belonged to the testator. However, if the sheriff returns to this writ nulla bona, and a devastavit, the plaintiff can sue facias de boniis propriis under which the goods of the executor are seized.

The following is an example of a case law referring to the phrase:

If, upon a fieri facias de bonis testatoris on a judgment obtained against an executor, either no goods can be found which were the testator's, or not sufficient to satisfy the demand, or, which is the same thing, if the executor will not expose them to execution, that is evidence of a devastavit. [Vick v. House, 3 Miss. 617 (Miss. 1837)].