§ 28A-8-6. Action against obligors on bond of personal representative. - North Carolina Statutes

§28A‑8‑6.  Action against obligors on bond of personalrepresentative.

Any person injured by thebreach of any bond given by a personal representative or collector mayinstitute a civil action against one or more of the obligors of the bond andrecover such damages as he may have sustained. Any successor personalrepresentative, or any other personal representative of the same decedent, mayinstitute such action on behalf of the persons interested in the estate. Anysuch action against one or more of the obligors of the bond shall be brought inthe name of the State of North Carolina and shall be instituted in the countyin which letters were issued to the personal representative or collector, andthe clerk of superior court shall give notice of the institution of the actionin such manner as he may determine to all other persons shown by his records tobe interested in the estate. The bond of the personal representative is notvoid after the first or any subsequent recovery thereon until the entire penaltyis recovered. If the plaintiff fails to prevail, costs may be taxed against theperson or persons for whose benefit the action on a personal representative'sbond is prosecuted. (1868‑9, c. 113, ss. 87, 88; Code, ss. 1516,1517; Rev., ss. 30, 31; C.S., ss. 40, 42; 1973, c. 1329, s. 3.)