Page:United States Statutes at Large Volume 79.djvu/744

 704

PUBLIC LAW 89-183-SEPT. 14, 1965

[79 STAT.

(b) If a party interested makes it appear to the court that an executor who has given a bond only as is provided for by this section is wasting the assets of the estate, or that the assets are in danger of being lost, wasted, or misappropriated, the court may remove the executor or require him to give additional bond with security in a penalty sufficient to secure the interests of all the creditors, distributees, and legatees entitled to take the estate. On his failure to give bond as required, his letters may be revoked and he shall deliver forthwith to the substituted executor all the assets of his testator in his possession or under his control. § 20-304. Special bond of executor (a) When the executor is the residuary legatee of the personal estate of the testator, or if the residuary legatee of full age notifies his consent to the court, he may, instead of the bond prescribed by section 20-302 or 20-303, give bond with security approved by the court, in a penalty prescribed by the court, conditioned to pay all the debts and just claims against the testator, all damages which may be recovered against him as executor, and all legacies bequeathed by the will. I n this case, he may not be required to file an inventory or render an account. (b) If the executor gives a special bond as provided by this section, he is personally answerable for the full amount of all debts, claims, and damages that may be recovered against him as executor as if he were sued in his own right, and a legatee may recover the full amount of his legacy in a suit on the executor's bond, and the giving of the bond shall be considered an assent to the legacy. The sureties on the bond are not liable for a greater amount than the penalty thereof. § 20-305. Joint or separate bonds of co-executors Where two or more persons are appointed executors, the court may take a separate bond with security from each of them or a joint bond with security from all of them together. §20-306. Failure to qualify; letters of administration with the will annexed Where the sole executor named in the will was present at the probate of the will, and does not, within 20 days thereafter, file a bond as required by this subchapter, and qualify as executor by taking the oath required by section 20-301, letters of administration with the will annexed may be granted as if an executor had not been named. §20-307. Absent executor; summons; notice Where the sole executor named in the will was not present at the probate of the will, but is within the District, a summons may be issued to him, either at the instance of a person interested or ex officio by the Register of Wills, requiring him to appear and file his bond as required by law within 5 days after service of the summons. If he is not found in the District of Columbia, notice shall be given to him by publication to appear within 10 days after publication of notice, and on his failure to appear and give his bond and qualify by taking the prescribed oath, letters of administration with the will annexed may be granted as if an executor had not been named. §20-308. Summons to each of several executors Where there is more than one executor named in a will, there may be the same proceeding with respect to each of them as if he were the sole executor, and any circumstances under which letters of administration with the will annexed may be granted on failure of a sole-named executor authorize the granting of letters testamentary to one or more of the executors on failure of one or more of the others. Any

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