§ 10-7-3 - Action by beneficiaries.
SECTION 10-7-3
§ 10-7-3 Action by beneficiaries. –If there is no executor or administrator, or if, there being one, no action isbrought in his or her name within six (6) months after the death, one actionmay be brought in the names of all the beneficiaries, either by all, or by partstating that they sue for the benefit of all, and stating their respectiverelations to the deceased; provided, that if all do not bring suit, only thosebringing it shall be responsible for costs; but judgment shall be for thebenefit of all and shall be entered as several judgments for each in his or herproportion, and executions thereon shall issue in favor of each respectively;provided, further, that if action is brought by the beneficiaries, no actionshall thereafter be brought by the executor or administrator. There shall bebut one bill of costs in favor of the plaintiffs, which shall enure equally forthe benefit of those bringing the suit, and of them only.