West Virginia § 55-8-8 Joinder of personal representative of decedent as defendant in action under §55-8-7; judgment to affect only estate of decedent

West Virginia Statutes

§ 55-8-8 — Joinder of personal representative of decedent as defendant in action under §55-8-7; judgment to affect only estate of decedent

West Virginia § 55-8-8

Ch. 55ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE

Art. 8ACTIONS ON CONTRACTS

This text of West Virginia § 55-8-8 (Joinder of personal representative of decedent as defendant in action under §55-8-7; judgment to affect only estate of decedent) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 55-8-8 (2026).

Text

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.

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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.