Page:United States Statutes at Large Volume 76A.djvu/691

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-595Subchapter I—Oaths § 1351. Oath of executor or administrator; recording letters Before letters testamentary or of administration are issued to the executor or administrator, he shall take and subscribe an oath before an officer authorized to administer oaths, that he will perform, according to law, the duties of executor or administrator. The oath shall be attached to the letters. Letters testamentary, and of administration, with the affidavits and certificates thereon, shall be forthwith recorded by the clerk of the court, in books to be kept by him in his office for that purpose. § 1352. Oaths and affidavits of trust companies If it is required that an executor or administrator shall qualify by taking and subscribing an oath, or an affidavit is required, it is a sufficient qualification by a corporation or association receiving an appointment as executor or administrator if the oath is taken and subscribed, or the affidavit is made, by the president, vice-president, secretary, manager, trust officer, or assistant trust officer thereof. Subchapter II—Bonds § 1371. Bond of executor or administrator; conditions A person to whom letters testamentary or of administration are directed to issue, shall, before receiving them, execute a bond to the Government of the Canal Zone, with two or more sufficient sureties, to be approved by the district court. In form the bond shall be joint and several, and the penalty shall be in such reasonable sum as the court directs; and the bond shall be conditioned that the executor or administrator shall faithfully execute the duties of the trust according to law. § 1372. Requiring bond notwithstanding provision of will When it is provided in a will that a bond may not be required of the executor, the court, nevertheless, for good cause, may require one to be given as in other cases, either before or at any time after the issuance of letters. § 1373. Bonds by several executors or administrators When two or more persons are appointed executors or administrators, the court shall require and take a separate bond from each of them. § 1374. Justification of sureties Where bonds or undertakings are required to be given pursuant to this title, the sureties shall justify thereon in the same manner and in like amounts as required by section 431 of Title 3, and the certificate thereof shall be attached to and filed with the bond or undertaking. The bonds and undertakings may not be filed until approved by the court. Upon filing, the clerk shall thereupon enter in an appropriate book the date and amount of the bond or undertaking and the name or names of the surety or sureties thereon. If the bond or undertaking is lost, the entries so made shall be prima facie evidence of the due execution of the bond or undertaking as required by law. § 1375. Same; citation; examination; additional security Before the court approves a bond required under this title, or after its approval, it may, of its own motion, or upon the motion of a person interested in the estate, supported by affidavit that the sureties, or one or more of them, are not worth as much as they have justified to, order a citation to issue requiring them to appear before it at a