Where any person is in possession, in his own right or in any other capacity, of any
note, bill, bond, or other obligation in writing, signed by two or more persons, and
one or more of the persons whose names are so signed dies before the payment of the
money or the compliance with the conditions of such bond or obligation in writing,
the person holding the bill, bond, note, or other obligation in writing shall not
be compelled to bring an action against the survivors alone, but may at his discretion
bring an action against (1) the survivor or survivors, (2) the representative or representatives
of the deceased person or persons, or (3) the survivor or survivors and the representative
or representatives of the deceased person or persons in the same action. However, nothing contained in this Code section shall authorize the bringing of an
action against the representative of any estate until six months after the probate
of the will or the granting of letters of administration on the estate or estates.
This Code section shall be so construed as to embrace debts against copartners as
well as debts against joint or joint and several contractors.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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