2010 Georgia Code 53-7-51 Case Law
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One Click Case Law for § 53-7-51
O.C.G.A. § 53-7-50 <-- --> O.C.G.A. §53-7-52



2010 Georgia Code

TITLE 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

CHAPTER 7 - ADMINISTRATION OF ESTATES GENERALLY
ARTICLE 2 - BONDS OF PERSONS CHARGED WITH ADMINISTRATION OF ESTATES AND ACTIONS THEREON
§ 53-7-51 - (Pre-1998 Probate Code) Levying of execution in first instance against property of principal upon recovery of judgment against administrator or executor; prerequisite to levying against property of sureties

O.C.G.A. 53-7-51 (2010)
53-7-51. (Pre-1998 Probate Code) Levying of execution in first instance against property of principal upon recovery of judgment against administrator or executor; prerequisite to levying against property of sureties


In all cases of judgments recovered against the administrator or executor and his sureties, the execution issued shall be first levied on the property of the principal, and no levy shall be made on the property of the sureties until there is a return of nulla bona as to the principal, unless the plaintiff in execution shall file with the levying officer an affidavit that the surety is actually removing or secreting his property so as to avoid the payment of the judgment.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com