Page:United States Statutes at Large Volume 31.djvu/1262

 1210 rirrrsixrii concasss. sm. ii. os. ssl. 1901. it may have appointed, to bring into court or invest in securities, to be approved by the court, any money or funds received by such executor, administrator, collector, or guardian; and if said party shall not, within a reasonable time, to be fixed by the court, comply with the j order, his letters may be revoked, mr. person interested in any decedent’s estate shall by petition allege that the executor, administrator, or collector has concealed or has in his hands and has omitted to return in the inventory or list of debts any part of his decedent’s assets, and the court shall finally adjudge and decree in favor of the allegations of the petition, in whole or in part, it shall order an additional inventory or list of debts, as the case may be, to be returned by the executo1·, administrator, `or collector, and appraisement to be made accordingly, to comprehend the assets omitted, and the court may compel obedience to said order, and, if the same is not complied with, revoke the letters testamentary or of administration or of collection and order the bond of the executor, administrator, or collector to be put in suit. Joi¤¤oxoq¤v,>r¤· Y Sec. 125. J OINT ExEcUroRs.—If any joint executor, administrator, goiiiggpdilliiéeiiisriiiifoii or collector shall apprehend that he is likely to suffer by the negliem- gence or misconduct in the administration or the improper use or misapplication of the assets of the estate by any coexecutor, coadmin— —royooario¤ of au- istrator, or cocollector, he may make complaint to said court; and if "‘°myl° a°t’€t°‘ said complaint shall be adjudged well founded, the court shall have authority, in its discretion, to revoke the powers and authority of the executor, administrator, or collector so complained of and to compel the delivery and surrender to the remaining executor, administrator, or collector of the assets and all books, papers, and evidences of debt of the estate that may be in the possession or control of the person so dismissed from the administration; and the remaining executors, administrators, or collectors shall be entitled to recover, in an action on the case, for any loss or damage they may suffer through the executor, administrator, or collector whose powers shall have been revoked as aforesaid. - ` Amsoroemooi of Sec. 126. Enroacmmrrr on nUrY.——The court shall have power to dm" order any executor, administrator, collector, or guardian who appears to be in default in respect to the rendering of any inventory or account or the fulfillment of any duty in said court to be summoned to appear therein and fulfill his duty in the premises, on pain of revocation of ‘ his letters testamentary or of administration or collection or of· guardianship; and on his appearing the court may pass such order as may be just, and upon his failure to appear, after aving been duly summoned, may revoke his letters and make such further order and other appointment as justice may require. . Revocation of let- bac. 127. REVOCATION or LETTERS.—WhBH€V€T said court shall milgcounengmc, revoke letters testamentary or of administrationior of collection or of guardianship, it shall be the duty of the party whose letters may be . revoked to render forthwith an account of his administration or guardianship up to the period of the rendition of said account and to eliver and turn over to the person appointed in his place all the estate, money and edects remaining in his hands that were received and held by him by virtue of his a pointment so revoked; and all moneys in the hands of an executor, a<i)ministrator, or collector realized by him by the sale of the specific property shall be considered unadministered assets and be turned over in like manner; and the court may compel the performance of said duty in the mannerhereinafter mentioned, and may direct the bond of said executor, administrator, or collector whose letters may be revoked to be put in suit for the use of the new . administrator or collector appointed in his place.
 * C%<€gjQ;l*§§§1g§,§,@§; Sec. 124. CoNoEALMENr BY Exncrrroa oa ADMINISTRATOR.-—If any