Page:United States Statutes at Large Volume 79.djvu/748

 708

PUBLIC LAW 89-183-SEPT. 14, 1965

[79 STAT.

Subchapter III—Miscellaneous Provisions Relating to Executors and Administrators §20-351. Competency to serve as executor or administrator; determination (a) Letters testamentary or of administration may not be granted to a person who: (1) has been convicted of an infamous offense; or (2) is an insane person, as defined by section 21-501; or (3) under conservatorship as defined in section 21-1501; or (4) is under 18 years of age; or (5) is an alien. (b) The Probate Court shall determine all questions as to the disqualification, on any of the grounds specified by subsection (a) of this section, of persons claiming to be entitled to letters testamentary or of administration, after such notice to them as the court directs. § 20-352. Persons between 18 and 21 years of age When letters testamentary or of administration are granted to a person above 18, but under 21, years of age, the bond executed by him for the faithful performance of his duties is as binding as if he were of full age. §20-353. Application for letters; contents; bond; sale of real estate When a person applies to the Probate Court for letters testamentary or of administration, he shall set forth, under oath, as fully as possible, all the personal and real estate left by the decedent and the amount of his debts as far as can be ascertained. The penalty of the bond required of him, except in the cases provided for by sections 20-303, 20-304, and 20-333, shall be sufficient to secure the proper application of all the personal estate of the testator or intestate. If it becomes necessary to sell the real estate of the decedent, in part or in whole, the executor or administrator shall give such additional bond, with approved security, as the court directs, to secure the proper application of the proceeds arising from the sale. Where an executor is empowered by the will to sell the real estate of the testator, for any purpose, he shall account for the proceeds in the court. §20-354. Will proved after letters of administration granted; revocation; pending actions; judgments; accounting; liability (a) Where administration is granted, and, afterwards, a will disposing of the estate of the deceased is proved according to law, and letters testamentary are issued thereon, the letters testamentary constitute a revocation of the letters of administration. The executor obtaining letters may prosecute civil actions commenced by the administrator and obtain judgment in his own name, and may defend suits commenced against the administrator. The executor shall have the benefit of all judgments obtained by the administrator, and is bound by all judgments obtained against the administrator to the extent of assets received by the executor, unless the judgments were obtained by fraud. The administrator, without delay, shall account for and deliver to the executor all personal estate and proceeds of realty sold in his possession, belonging to the deceased, in default of which his bond may be sued upon by the executor or administrator with the will annexed. (b) The administrator may not be held to answer for acts lawfully done by him, in good faith and in ignorance of the will, before

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