Page:United States Statutes at Large Volume 79.djvu/751

 79 STAT. ]

PUBLIC LAW 89-183-SEPT. 14, 1965

(3) how the necessary part of the personal estate to be appropriated for the purpose shall be prevented from being unproductive; and (4) how the necessary part of the personal estate to be appropriated for the purpose shall be appned, agreeably to the intent of the will or the construction of law, should the contingency not take place. §20-363. Continuing decedent's business; petition and affidavits; accounting; debts as expenses of administration (a) The Probate Court may authorize a fiduciary accountable to it to continue a business of the decedent until further order of the court and may order the discontinuance of the business at any time. (b) An order under subsection (a) of this section authorizing the continuance of a business may not be entered until after the fiduciary has filed a petition under oath, supported by the affidavits of two reputable persons familiar with the decedent's business, setting forth: (1) the appraised value of the business; (2) whether the decedent conducted the business at a profit or loss; and (3) the estimated amount of the monthly expenses necessary to be incurred in order to continue the business. (c) A fiduciary who is given an authorization to conduct the decedent's business shall file with the Register of Wills monthly statements showing: (1) receipts and disbursements; (2) debts contracted, and obligations incurred; and (3) the profit or loss. (d) Debts contracted and obligations incurred in continuing a business of the decedent constitute an expense of administration of the estate. §20-364. Recordation of executor's and administrator's bond; copies to interested parties; actions on bonds (a) The Register of Wills shall record in his office every bond executed by an executor or administrator. The Register of Wills shall deliver, on demand, to a person conceiving himself to be interested in the administration of the estate, a copy of the bond, under his hand and seal. Upon this copy, an action may be maintained, in the name of the United States, for the use of the party interested. In the action, judgment may be recovered for the damage actually sustained. (b) In the manner provided by subsection (a) of this section, an administrator appointed in the place of an executor or administrator who has resigned, or has been removed, or whose letters have been revoked, may maintain an action against the former executor or administrator, and his sureties, on his administration bond, for loss and damage to the estate resulting from this breach of duty. (c) A creditor may not maintain an action on a testamentary or administration bond tor a claim against the testator or intestate: (1) until, when practicable, an action has been commenced against the executor or administrator of the deceased and: (A) a summons issued in the action has been returned "Not to be found"; or (B) a writ of fieri facias or of attachment, issued on a judgment against the executor or administrator, has been returned "nulla bona"; or (2) until, in the judgment of the court before whom the action may be tried, there is such apparent insolvency of the

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