Legal representative substitution can prevent abatement when one heir bona fide represents the deceased's estate in time.

Under the Code of Civil Procedure, the inclusive definition of legal representative is wide enough to include any person who in law represents the deceased's estate. Where several heirs exist, substitution of one heir brought on record within time in good faith, and without fraud or collusion, can represent the entire estate and prevent abatement. On the facts, the widow had a half share under the applicable succession law and was impleaded within time; the explanation for not immediately adding the other heirs was accepted as bona fide. Later impleadment of additional heirs did not invalidate the proceedings or revive abatement.

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Issues: Whether the suit had abated because not all heirs of the deceased defendant were brought on record within time, and whether substitution of one heir, who represented the deceased's estate, was sufficient to set aside abatement.

Analysis: The inclusive definition of legal representative under the Code of Civil Procedure is wide enough to cover not only heirs but also any person who in law represents the estate of the deceased. Where there are several heirs, those brought on record in good faith and without fraud or collusion may represent the entire estate. On the facts found, the widow had acquired half share in the estate under the applicable law of inheritance and was brought on record within time. The trial court had also accepted the appellant's bona fide and diligent explanation regarding knowledge of the other heirs. Once one legal representative who represented the estate was substituted within time, later impleadment of other heirs did not invalidate the proceedings or revive abatement.

Conclusion: The suit had not validly abated, and substitution of the widow within time was sufficient to save the proceedings; the order setting aside abatement was proper.

Ratio Decidendi: For purposes of abatement and substitution, bringing on record one legal representative who bona fide represents the deceased's estate within time is sufficient, and the subsequent addition of other heirs does not defeat the proceedings in the absence of fraud or collusion.

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