Page:United States Statutes at Large Volume 76A.djvu/689

–593– -593Subchapter VIII—Resignation, Suspension and Removal § 1291. Resignation of executor or administrator and appointment of successor; liability An executor or administrator may, at any timej by a writing filed in the district court, resign his appointment, having first settled his accounts and delivered up all the estate to the person whom the court appoints to receive it. If, however, by reason of delays in the settlement and delivery up of the estate, or for any other cause, the circumstances of the estate or the rights of those interested therein require, the court may, at any time before settlement of accounts and delivering up of the estate is completed, revoke the letters of the executor or administrator, and appoint in his stead an administrator, either special or general, in the same manner as is directed in relation to original letters of administration. The liability of the outgoing executor or administrator, or of the sureties on his bond, is not discharged, released, or aflfected by the appointment or resignation. § 1292. Suspension of powers; grounds; citation; notice When the district judge has reason to believe from his own knowledge, or from credible information, that an 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 upon 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 long neglected to perform any act as executor or administrator, the judge shall, by an order entered upon the minutes of the court, direct the 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 the executor or administrator, until the matter is investigated. If the executor or administrator has absconded or conceals himself, or has removed or absented himself from the Canal Zone, notice may be given him of the pendency of the proceedings by publication, in such manner as the court directs, and the court may proceed upon the notice as if the citation had been personally served. § 1293. Same; appearance and allegations of interested parties; procedure At a hearing pursuant to section 1292 of this title, any person interested in the estate may appear and file his allegations in writing, showing that the executor or administrator should be removed; to which the executor or administrator may, by motion, assert any defense or objection that a defendant may, by motion, make in a civil action in the district court, in the form and manner prescribed therefor. If the motion is sustained, the court shall allow the person so appearing not more than 10 days within which to amend his written allegations. If the motion is overruled, the executor or administrator shall answer the allegations, traversing, or otherwise obviating them. The court shall hear and determine the issues raised. § 1294. Same; hearing; revocation of letters; compelling attendance and testimony If the executor or administrator fails to appear in obedience to the citation referred to in section 1292 of this title, or, if he appears, and the court is satisfied from the evidence, that there exists cause for his removal, the court shall revoke his letters. The court may compel his attendance by attachment, and may compel him to answer questions, on oath, touching his administration, and, upon his refusal so to do, may commit him until he obeys, or may revoke his letters, or both.

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