§55-8-8. Joinder of personal representative of decedent as
defendant in action under §55-8-7; judgment to affect
only estate of decedent.
In every action or motion in which a decedent, if living,
could be joined as defendant with another or others under section
seven of this article, his personal representative may be joined
with him or them, or with the personal representative of any one or
more of them. In every such case in which a judgment is rendered
against a personal representative, alone or jointly with another or
others, such judgment, as to such representative, shall affect only
the estate of his decedent, and shall, as to such estate, have the
same force and effect as if rendered in an action in which such
representative is sued alone. But nothing in this section shall
prevent a plaintiff, at his election, from proceeding separately
against the representative of any decedent.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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