Title 9, Chapter 2, Section 27
( 9-2-27)
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. |