Page:United States Statutes at Large Volume 79.djvu/749

 79 STAT. ]

PUBLIC LAW 89-183-SEPT. 14, 1965

an actual or implied revocation of his letters. When distribution of the estate, or part of it, has been lawfully made by him, the distributees, and their personal representatives, and not the administrator, are answerable for the property "feo distributed, or its value, to the persons entitled to it. § 20-355. Will declared invalid after distribution; liability When a will is adjudged invalid in an action begun after lawful distribution of the estate, or a part of it, by the executor, in good faith and without his knowledge of the invalidity of the will, and without notice to him that the action was intended, the distributees of the property, and their personal representatives, and not the executor, are answerable for the property so distributed, or its value, to the persons entitled to it. §20-356. Removal of co-executor or co-administrator for negligence or misconduct; complaint; recovery of loss or damage If a joint executor or administrator apprehends that he is in danger of suffering by the negligence or misconduct in the administration or the improper use or misapplication of the assets of the estate by a co-executor or co-administrator, he may make complaint to the court. Upon adjudging the complaint to be well founded, the court may revoke the letters of the executor or administrator so complained of and compel the delivery and surrender to the remaining executor or administrator of the assets, books, papers, and evidences of debt, of the estate in the possession or control of the person whose letters have been revoked. The remaining executors or administrators may recover, in a civil action, for loss or damage they may suffer through the executor or administrator whose letters have been revoked. §20-357. Additional bond; failure to provide; revocation; delivery of assets Where the Probate Court is satisfied that the bond already given by an executor or administrator is insufficient, it may require the executor or administrator to file an additional bond, and on his failure to do so may revoke his letters. Upon the revocation of letters under this section, the executor or administrator whose letters are so revoked shall forthwith deliver to any substituted executor or administrator all the assets of his testator or mtestate in his possession or control. §20-358. Counter security; application of surety; delivery of property; inventory; duties and liabilities of surety (a) If a surety of an executor or administrator apprehends that he is in danger of suffering from the suretyship, he may apply for relief to the Probate Court. The court may call upon the party to give counter security, to be approved by the court. If the party so called on does not, within a fixed reasonable time, give counter security, the court may order the property remaining in his hands as executor or administrator to be delivered up to the surety, and the court may enforce the delivery by process. W^ithout delay, the executor or administrator shall return an inventory of the property delivered to the surety. Under the immediate order of the court, the surety shall sell, distribute, and deliver up the property contained in the inventory, as the case requires, as if the surety were the executor or administrator, (b) To prevent a double administration and consequent inconvenience to creditors and other persons interested in the estate, the executor or administrator specified by subsection (a) of this section shall continue to discharge his trust, unless the court revokes his letters for a just cause, and he shall be answerable for the property in the same

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