Page:United States Statutes at Large Volume 31.djvu/509

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 457 by publication or posting for such time as the court or judge thereof mag direct. ‘ no. 785. Whenever the amount of an executor’s or administrator’s eivmundegakins undertaking is insufficient, or the sureties therein, or either of them, W °°° msu °1°m` have become nonresidents of the district, or are likely to or have . become insolvent, such executor or administrator shall be required to give a new and sufficient undertaking. The application for such new undertaking may be made by any heir, legatee, devisee, creditor, o1· ·other person interested in the estate, and in the manner prescribed in section seven hundred and eighty-three for -the removal of executors and administrators. q Sec. 786. Such new undertaking, when given and received, shall m{gl¢¢¤gj¤§1g,gg,dgg discharge the sureties in the former undertaking from any liabilities gxvexi. on account of their principal arising from his acts or omissions subsequent thereto. When a new undertaking is ordered, if the executor or administrator fail to comply therewith within five days from the entry thereof, or such further time as the order may prescribe, thenceforward the authority of such executor or administrator shall cease, and he shall be deemed rem0ved and his letters revoked. Sec. 787. Whenever an executor or administrator shall die, resign, E¤¤q¤¤fv¤<>¤¤<=y- or be removed, if there be a coexecutor or coadministrator, he shall ' thenceforward exercise the powers and perform the duties of the trust; and if all the executors or administrators shall die, resign, or be removed, administration of the estateiremaining unadministered shall be anted to those next entitled, if they be competent and qualified. Sgnro. 788. The surviving or remaining executor or administrator, or mggglgggigigggyg the new administrator, as the case may be, is entitled to the exclusive againstfonner ous. administration of the estate, and for that purpose may maintain any necessary and prolper action or proceeding on account thereof, against the executor or a ministrator ceasing to act, or against his sureties or re resentatives. gno. 789. Whenever it appears probable to the commissioner that {give; vfcfhgucgun any of the causes for remova of an executor or administrator exist or Zh. u ° m is m` have transpired, as specified in section seven hundred and eighty-three it shall be the duty of such commissioner to cite such executor or administrator to appear and show cause why he should not be removed, and if he fail to a pear or show sufficient cause an order shall be made removing him and) revoking his letters; and it is the duty of the commissioner to exercise a supervisor'; control over the executor or administrator, to the end that he fai fully and diligently perform the duties of his trust according to law. Sec. 790. The executor or administrator of a deceased person who yhgn gecewd rg ,was a member of a copartnership shall include in the inventory of $r?ng ° ° °°p° ` ·such person’s estate, in a separate schedule, the whole of the property of such partnership; and the appraisers shall estimate the value thereof, and also the value of suc person’s individual interest in the rtnershi property after the payment or satisfaction of all the ggbts and iiabilities of the partnership. Sec. 791. After the inventory is taken the partnership property Pgrrnership giopshall be in the custodyand control of the executor or administrator i°$Zam°€`yb°¤»°irw»·ii1.°§ for the ur se of administration unless the surviving partner· shall, P°"“°’· within Eve gays from the filing of the inventory, or such further time as the commissioner may allow, ap ly for the administration thereof and give the undertaking therefor Kereinafter prescribed. ° Sec. 792. If the survivin partner apply therefor, as provided in ,,gi§,ggg,f;aggsd du the last section, he is entitled to the administration of the partnership ` estate if he have the giualiiications and competency required for a general administrator. e is denominated an administrator of the artnershrp, and his powers and duties extend to the settlement of) the