Page:United States Statutes at Large Volume 47 Part 1.djvu/1059

 72d CONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . 1035 a designated time and place, to be examined touching their property and its value ; and the judge must, at the sa me time, cause a notice to be issued to the executor or administrator requiring his appear- ance on the return of the citation ; and on its return he may examine the sureties and suc h witnesses as may be produced, touching the ,property of the sureties and its value and if, upon such examination, he is satisfied that the bond is insufficient, he must require suffi cient .7QQ dd~ iti ona l security additional security . SEC. 737. RIGHT CEASES WHEN SUrT1CIENT SECURITY NOT GIVEN .- Upon failure to give If sufficient security is not given within the time fixed by the judge's suf fic ien t ac"rtsy' riBht order, the rig ht of such execut or or administrat or to the admini stra- ti on shall cease, and the person ne xt entitled to the administration on the estate, who will execute a sufficient bond, must be appointed to the administration . S EC. 738 . WHEN BO ND MAY BE DISPENSED WITH .-When it is 'Bonddispensedwith . expressly provided in the wi ll th at no bo nd shall be required of the exec uto r, l ette rs t esta men tary may iss ue w ith out any bond, unless the court, for good cause, require one to be executed ; but the executor may at any time aft erwa rds (if it appe ar f rom any cau se necessary or prop er) be r equi red to file a bond, as in o ther cases . SEC . 739. P ETITION SHOWIN G FAILING SURE TIES AND ASKING FOR Failing sureties ; FURTHER BONDS .-Any person interested in an estate ma y, by verified further bonds. petition, r epresent to the d istrict court, or the judge there of, that the suretie s of the executo r or administra tor thereof have become, or are becoming, insolvent, or that th ey h ave removed, or are about to re move, from the C anal Zone, or t hat from any oth er cause the bond is insufficient, and ask that further security be required. SEC. 740. CITATION TO EXECUTOR, ETC ., TO SHOW CAUSE AGAINST SU CH Citation to executor, APPLICATION .--If the cou rt, or the judge the reof, is sa tisf ied that the ag a in st Aap plicati on. show cause matter requires investigation, a citation must be issued to the execu- tor or admi nis trat or requiring him to app ear, at a t ime and plac e to be there in specified, to show cause why he should not give further sec urit y. The citation must be served personally on the executor or administrator, at least f ive days before the return-day. If he has absconded, or can not be fo und, it may be served by leavin g a copy - of it at his place of residence, or by su ch publication as the court, or the judge thereof, may order. SEC. 741. FunrjLeR SECU RITY MAY BE ORDERED .-On the return of Further security the cit atio n, or at su ch o ther tim e as the ju dge may appo int, he mus t ordered. proceed to hear the proofs and allegations of the parties. If it satis- fa ctor ily appe ars that the security is, from any cause, insufficient, he may mak e an or der requ irin g the e xecu tor or a dmi nist rato r to giv e further security, or to file a new bond in the usual form within a reasonable time, not less than five days. Svc. 742 . NEGLECTING To OBEY ORDER .-If the executor or adminis- Neglecttoobayorder, tr ator neg lect s to co mply wit h the or der with in the time pre scri bed, letters revoked. the judge m ust, by order, re voke his letters, and his authori ty must' thereupon cease. SEC. 743. SUS PEND ING POW ERS OF EX ECUTOR, AND SO FORTH.-When Suspension of execua a petition is presented pr ayi ng that an executor or administrator be ta rs, etc " po wers . re quir ed to gi ve furt her secu rity, or to giv e bo nd, whe re, by the terms of the will, no bond was originally required, and it is alleged, on oath, that the executor or administrator is wasting the property of the estate, the ju dge may, by order, suspend his powers until the ma tter can be hea rd and determined . SEC . 744 . F URmu ot SECU RITY OR DERE D WI THO UT A PPLI CAT ION OF Further security on PARTY IN INTEREST .-When it comes to his knowledge that the bond ini tiat ive of judge . of any exe cuto r or ad mini stra tor is f rom any cau se i nsuf fici ent, the judge, without any application, mu st cause him to be cited to appear