Page:United States Statutes at Large Volume 76A.djvu/690

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–594–

-594§ 1295. Revocation for embezzlement, waste or mismanagement If, upon the settlement of an account of an executor or administrator, it appears that he has embezzled, wasted or mismanaged the estate, the court shall revoke his letters. § 1296. Revocation for contempt When an executor or administrator is committed for contempt in disobeying a lawful order of the court, and has remained in custody for 30 days without obeying the order, or purging himself otherwise of the contempt, the court may, by order reciting the facts, and without further showing or notice, revoke his letters and appoint another person entitled thereto to succeed him. § 1297. Validity of acts prior to revocation All acts of an executor or administrator, as such, before the revocation of his letters testamentary or of administration, are as valid, to all intents and purposes, as if the executor or administrator had continued lawfully to execute the duties of his trust. Subchapter IX—Miscellaneous Provisions § 1321. Acts of remaining executors or administrators where one or more absent or disqualified Where there are two executors or administrators, the act of one alone is effectual, if the other is absent from the Canal Zone, or laboring under a legal disability from serving, or if he has given his coexecutor or coadministrator authority, in writing, to act for both. Where there are more than two executors or administrators, the act of a majority is valid. § 1322. Transcript of court minutes as evidence A transcript from the records of the court, showing the appointment of a person as executor or administrator, together with the certificate of the clerk, under his hand and the seal of his court, that the person has given bond and been qualified, and that letters testamentary or of administration have been issued to him and have not been revoked, has the same effect in evidence as the letters themselves.

CHAPTER 59—OATHS AND BONDS SUBCHAPTER I

OATHS

Sec.

1351. Oiith of executor or administrator; recording letters. 1352. Oaths and aflSdavits of trust companies. SUBCHAPTER II

1371. 1372. 1373. 1374. 1375. 1376. 1377. 1378. 1379. 1380. 1381. 1382. 1383. 1384.

BONDS

Bond of executor or administrator; conditions. Requiring bond notwithstanding provision of will. Bonds by several executors or administrators. Justification of sureties. Same; citation; examination; additional security. Insufficiency of sureties or bond; additional security. Inquiry as to sufficiency; citation; hearing; order. Failure to comply with order for additional or sufficient security. Suspension of powers pending hearing. Application for release of surety; citation; service. Same; neglect or refusal to give new sureties. Same; discharge of sureties if new sureties given. Applications to be determined at any time. Successive actions on bond.