Page:United States Statutes at Large Volume 47 Part 1.djvu/1058

 1034 Assertion of prior rights of relati ves. Ant e, P.1033. Oaths and bonds, ex- ecutors and adminla- tr ator s. Oath ; recording let- S EC. 73 0. OAT H OF EXECUTOR OR ADMINISTRATOR ; R ECOR DING LET- TERS .-Before l ett ers test amen tary or of admi nist rat ion are issu ed to the executor or administrator, he mu st t ake and subscribe an oath befo re s ome off icer aut hori zed to admi nist er oaths, th at he w ill per- form, according to law, the duties of executor or administrator, which oath mu st be attached to the letters. All letters testamentary and of administration, with the affidavits and certificates thereon, mu st be forthwith recorded by the clerk of the court, in books to be kept by him in his office for that purpose. S EC. 731. BOND OF EX ECUT OR OR ADMINISTRATOR .-Every person to whom let ter s te stam enta ry or of ad mini stra tion are dir ect ed to is sue must, before receiving them, execute a bond to the government o the Can al Zone, w ith two or mo re sufficient sureties, to be approved by the distric t court, or the j udge thereof. In form the bo nd must be j oint and se vera l, and the p ena lty shal l be in such re ason able sum as the court sh all dire ct. SEC. 732. CONDITIONS OF BONDS.-The bond must be condit ioned that the execu tor or administra tor shall faithfu lly execute the duties of the trust a ccording to law. S EC. 733 . SEPA RAT E BO NDS, WHE N M ORE THAN ONE ADMINISTRATOR .- When two or more persons are appointed executors or administrators, the dis tric t co urt, or the jud ge t here of, mus t re quir e and t ake a separate bond from each of them. S EC. 734 . SEVERAL RECOVERIES MAY BE HAD ON SA ME BOND .-The bond shall not be void upon the first recovery, but may be sued and recovered upon fr om ti me to time, by any person aggrieved, in his own name, until the whdle penalty is exhausted. S EC. 735 . JUBTIFIOATION OF smmETIxs .-In all cases whe re bonds or undertakings are required to be given, under chapters 23 td 36, the sureties mu st justify thereon in the sa me manner and in lik e amounts as required by section 533, and the certificate thereof must be attached to and filed wi th the bo nd or undertake g All such bonds and und erta king s mu st be a ppro ved by the judg e of the di stri ct co urt before be ing filed. Upon fil ing, the cl erk shal l th ereu pon ent er in the regi ster of act ions the dat e and amount of su ch b ond or undertaking and the name or names of the surety or sureties thereon. In the event of the loss of s uch bond or unde rtaking, such en tries so made shall be prima facie evidence of the due execution of such bond or undert aking as requir ed by law. Cit atto m end require. SEC. 736. CITATION AND REQUIREMENTS OF JU DGE ON DEFICIENT meats bf judge on defl- oient bond. BOND ; ADDITIONAL SECURITY .-Before the ju dge appr ove s any bo nd required under chapters 23 to 36, and after its approval, he ma y, of his own motion, or up on the motion of any person interested in the est at e, supported by affidavit th at the sureties= or so me one or mo re of them, are not worth as mu ch as th ey ha ve justified to, order a citation to issue requiring such sureties to appear before him at Bond. Cond itions of. Beparatebonds,when mo re th an one adminis- tr at or, required. Several recoveries on sam e bond. Justification of sure- ties. 72d CONGRESS. SESS. II. CH. 127 . FEBR UAR Y 27, 1933. and if the right of the applicant is established, and he is competent, le tt ers of administration mu st be granted to him, and the letters of the former administrator revoked. S EC. 729. PRIOR RIGHTS OF RELATIVES ENTITLE THEM TO REVO KE PRIOR LETTERS.-The surviving husband or wife, when letters of adminis- tration have been granted to a child, father, brother, or sister of the intestate ; or any of such relatives, when letters have been granted to any other of them, may assert his prior right, and obtain letters of a dmi nist rati on, and hav e the le tter s before gr ante d re vok ed in the mann er pres crib ed in se ctio ns 726 to 728 . OAT HS AND BONDS OF EXECUTORS AND ADMINISTRA TORS