Sect. 10. When an executor shall die, or be removed, or his authority shall be extinguished, the remaining executor, if there be any, may execute the trust; and, if there shall be no other executor, administration, with the will annexed, may be granted of the estate not already administered.
Sect. 11. When all the executors appointed in any will shall not be authorized, according to the provisions of this chapter, to act as such, such as are authorized shall have the same authority to perform every act, and discharge every trust required and allowed by the will; and their acts shall be as valid and effectual for every purpose as if all were authorized and should act together; and administrators, with the will annexed, shall have the same authority to perform every act and discharge every trust, as the executor named in the will would have had, and their acts shall be as valid and effectual for any purpose.
Sect. 12. The executor of an executor shall not, as such, have any authority to administer the estate of the first testator; but, on the death of the only surviving executor of any will, administration of the estate of the first testator, not already administered, may be granted, with the will annexed, to such person as the probate court may judge proper.
Sect. 13. When two or more persons shall be appointed executors of any will, the judge of probate may take a separate bond from each of them, with sureties, or a joint bond from all of them, with sureties.
Sect. 14. When the word "chapter" occurs in this act, it shall be construed to mean "act."
Sect. 15. This act shall take effect from and after its passage, and approval by the governor.
- Approved May 7, 1862.
