Page:United States Statutes at Large Volume 47 Part 1.djvu/1063

 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . to receive the same. If, how ever , by rea son of any dela ys in s uch s ettlement and de livery up of the estate, or for any other cause, the circumstances of the estate or the rights of tho se interested th erein re qu ire it, the court ma y, at any time before settlement of accounts and delivering up of the estate is completed, revoke the letters of su ch executor or ad ministrator, and appoint in his stead an admini stra- Appointment of sue- to r, either special or general, in the sa me manner as is directed in Liability of p erson relation to or iginal letters of administration. The liability of the resigning. outgoing executor or administrator, or of the sureties on his bond, shall not be in any manner discharged, released, or affected by such ap ointment or resignation. EC. 76 3. ALL ACTS OF EXECUTOR, AND SO FORTH, VALID UNTIL HIS ats Vadity , etc. ofeaea rtor' e POWER IS REVOKED.--All act s of an executor or administrator, as such, before the revocation of his letters testamentary or of adminis- tration, are as valid, to all intents and purposes, as if such executor or administrator had continued lawfully to exe cu te the duties of his trust. SEC. 764.-TRANSCRIPT OF COURT MIN UTr .S TO BE EVIDENCE:A trans- Court minutes as cript from' the minutes of the court, showing the appointment o evidence. f any personas e xecutor or admini strator, together with the certif icate of the clerk, under his ha nd and the seal of his court, that such person has given bond and be en qualified, and th at letters testamentary or of admi nistration have been issued to him and have not been revoked, s hall have the s ame effect in e vidence as the letters themselves. D ISQU ALIF ICAT ION OF JUDGE Disqualificati on of Judge. SEC. 765 .-WHEN JUDGE NOT TO ACT .-No will shall be admitted parvty .en interested to prob ate, or let ters tes tam enta ry or of adm ini stra tion gra nted , before any judge who is int erested as next of kin to the d ecedent, or as a leg ate e or dev isee un der the will , or wh en he is nam ed as executor or trustee in the will, or is a witness thereto, or is in any oth er manner in ter este d or dis qual ifie d f rom acti ng. REMOVALS AND SUSPENSIONS IN CE RTA IN CASES SEC. 766. SUSP ENSION OF POWERS O F EXE CUTOR OR ADMINI STRATOR. - Whe neve r the d istr ict jud ge has reason to be liev e fr om his own knowledge, or from credible information, t hat any executor or administrator has wasted, embezzled, or mismanaged, or is about to waste or embezzle the property of the estate committed to his charge, or has committed or is about to commit a fraud u pon the estate, or is incompetent to act, or has removed or is about to remove from the Canal Zone, or has wrongfully neglected the estate, or has lo ng neglected to perform any act as su ch executor or administrator, he must, by an order entere d upon the minu tes of the court , direct such executor or administrator to be cited to appear and show cause why his letters should not be revoked, and may also suspend the powers of such executor or administrator, until the matter is investigated. SEC. 767.-REVOCATION OF LETTERS. --If the executo r or adminis- trator fails to appear in obedience to the citation, or, if he appears, and the court is satisfied fro m the ev iden ce, tha t th ere exis ts c ause for his removal, his letters must be revoked. SEC. 768. ANY PARTY INTERESTED MAY APP EAR ON HEARING .-At the he arin g, any person i nter este d in the est ate may app ear and file his allegations in writing, sho wing that the e xecutor or admin istrator should be removed ; to which the executor or administrator may de mur or a nswe r, as h erei nbef ore pro vide d. The issues raised must be heard and determined by the court. 1039 Removals and sus- pensions. For fraud, waste, eto. Revocation of letters for cause. Hearing, interested parties may appear.