Page:United States Statutes at Large Volume 31.djvu/1288

 1236  FIFTY-SIXTH coneanss. sms. 11. oa. 854. 1901. ,8B`?§,‘}g‘_§;°’gg§Sg§’ Sec. 294. Pnasons oven mei-iernnn Yarns or acm.--In case letters bidding.` testamentary or of administration shall be granted to any person above eighteen but under twenty-one years of age, the bond executed by him for the faithful performance of his duties shall be as binding as if he were of full age. 2 ,efg’P“°““°“ *°’ 1°" Sec. 295. A1>1>L1oA·r1oN Fon Ln*r*rnRs.~——Whenever any person shall apply to the 1-probate court for letters testamentary or of administration, he sha set forth, under oath, as fully as possible, all the pe1·- sonal and real estate left by the decedent and the amount of his debts as far as can be ascertained; and the penalty of the bond required of him, except in the cases provided for in section two hundred and sixty~three, two hundred and sixty-four,·and two hundred and seventy- five aforesaid, shall be sufficient to secure the proper a plication of all the personal estate of the testator or intestate; and) when it shall become necessary to sell the real estate of the decedent, in part or in whole, the executor or administrator shall give such additional bond, with approved security, as shall be directed by the court, to secure the proper application of the proceeds arising from such sale or sales. And whenever an executor is empowered by the will to make sale of the real estate of the testator, for any purpose, he shall account for _ said proceeds in said court. . "·"‘““°“““°°"d· Sec. 296. ADDITIONAL BOND.—·WhBD6V€Y the probate court shall be satisfied that the bond already given by an executor or administrator is insufficient, the said executor or administrator may be required to ile an additional bond, and on his failure to do so his letters may be revoked. And upon the revocation of letters testamentary or of administration under this rovision, the executor or administrator whose letters are so. revoked) shall forthwith deliver to any substituted executor or administrator all the assets of his testator or intestate in _ his possession or under his control. c0*§g§§*€,(§f’ *’° mt Sec. 297. Aorrons ON BoN1>s.——Every bond executed by an executor ’ or administrator shall be recorded in the office of the register of wills; g§§§§_°f· ‘° be im" and any plerson conceiving himself to be interested in the administration of the estate shall be entitled to have or demand a copy of such -—¤<=¢i*>¤¤ <>¤- bond, underthe hand and seal of the register of wills, on which an action may be maintained, in the name of the United States, for the use of the party interested, and judgment may be recovered in such action for the damage actually sustained. And an administrator apointed in the place of an executor or administrator who has resigne , been removed, or whose letters have been revoked, may in like manner maintain an action against the executor or former administrator and his sureties, on his administration bond, for all loss and damage to the estate resulting from this breach of duty. No creditor shall be entitled to maintaiman action on a testamentary or administration bond for any claim against a testator or intestate until an action has been commenced against the executor or administrator of the deceased and a summons issued therein has been returned "Not to_be found," or a writ of tieri facias or ofiattachment, issued on a jud ment against such executor or administrator, has been returned "n1§la bona,” or until such apparent insolvency of the executor or administrator or insuih- _ ciency of his edects as in the judgment of the court before which such action may be tried shall show the said creditor to be without remedy except by such action on the executor’s or administrator’s bond. ecgggfkagfg °‘ °X- Sec. 298. DEATH, AND so FORTH, or Exmouron NAMr1n.——1n case any will admitted to probate shall not appoint an executor, or the executor therein appointedshall have diedor renounced the executorship, or ° will annexed to the person who would have been entitled to adminis- P"¤‘iS°· tration in case of the intestacy of the deceased testator: Pro/vided, how-
 * <;,O;j*;gl,g§m¤“· shall be incompetent to serve, administration shall be granted wit the