Page:United States Statutes at Large Volume 79.djvu/750

 710

PUBLIC LAW 89-183-SEPT. 14, 1965

[79 STAT.

manner as if it were not, on his default, delivered to the surety. The executor or administrator may sue the surety and recover damages if he suffers from the misconduct of the surety, in diminishing any part of the property, without obtaining an allowance therefor from the court. The surety shall bring into court, to be deposited with the Eegister of Wills, the money arising from the sale of any property as provided by this section, to be applied according to this Part. §20-359. Accounting by representative of deceased executor or administrator; enforcement (a) On the application of an administrator de bonis non the court may order the executor or the administrator of a deceased executor or administrator to deliver over to him all the personal property that was in the hands of the deceased executor or administrator, as such, and also all the money, bonds, notes, accounts, and evidences of debt that the deceased executor or axiministrator may have taken, received, and held at the time of his death, including the proceeds of sale of either personal or real estate made by the deceased executor or administrator, which shall be deemed unadministered assets. (b) If an executor or administrator of a deceased executor or administrator fails to comply, hj a day named, with an order issued under subsection (a) of this section, the court may enforce its order by attachment against him, and may direct that his bond, or the bond of the deceased executor or administrator, or both, be sued upon for the use of the administrator de bonis non. § 20-^60. Executor of his own wrong Whoever, without authority of law, takes, receives, or injuriously interferes with personal property of a deceased person who died intestate, is liable, as an executor of his own wrong: (1) to the persons aggrieved; and (2) to the rightful administrator for the full value of the personal property taken or received by him and for all damages caused to the estate by his acts. He may not retain or deduct any part of the estate, except for funeral expenses or debts of the deceased or other charges which rightful executors or administrators might have been compelled to pay. § 20-361. Liability of executor or administrator of deceased executor or administrator for waste or conversion The executor or administrator of a person who, as executor, either of right or of his own wrong, or as administrator, wasted or converted to his own use any part of the estate of a deceased person, is liable and chargeable in the same manner as his testator or intestate would have been, if living. § 20-362. Investment of funds Where, under the provisions of a will, it is necessary for an executor or an administrator with the will annexed to retain in his hands the personal estate, or a part thereof, after all just claims are discharged, as in a case where money or another thing is directed to be paid at a distant period or upon a contingency, he shall apply to the Probate Court for a decree or directions relating thereto. The court may decree or direct: (1) what part of the personal estate shall be retained or appropriated for the purpose and in what manner it shall be disposed of; (2) in what manner the legacy or benefit shall be secured to the person entitled thereto at a future period or upon the happening of a contingency;

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