Page:United States Statutes at Large Volume 76A.djvu/693

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


-597executor or administrator has absconded, left, or removed from the Canal Zone, or if he can not be found after due diligence and inquiry, it may be served in the manner provided by section 1377 of this title. § 1381. Same; neglect or refusal to give new sureties If the executor or administrator neglects or refuses to give new sureties, to the satisfaction of the court, on the return of the citation issued pursuant to section 1380 of this title, or within such reasonable time as the court allows, unless the surety making the application consents to a longer extension of time, the court, by order, shall revoke his letters. § 1382. Same; discharge of sureties if new sureties given If, in a proceeding pursuant to section 1380 of this title, new sureties are given to the satisfaction of the court, it may thereupon make an order that the sureties who applied for relief shall not be liable on their bond for any subsequent act, default, or misconduct of the executor or administrator. § 1383. Applications to be determined at any time The applications authorized by sections 1376 and 1380 of this title may be heard and determined at any time. All orders made therein shall be entered upon the records of the court. § 1384. Successive actions on bond The bond of an executor or administrator is not void upon the first recovery, but may be sued and recovered upon from time to time, by a person aggrieved, in his own name, until the whole penalty is exhausted. CHAPTER 61—POWERS AND DUTIES OF AND ADMINISTRATORS



1411. 1412. 1413. 1414. 1415. 1416. 1417. 1418. 1419. 1420. 1421. 1422. 1423. 1424. 1425.

Possession of estate. Partnership property; settlement; accounting. Operation of business of decedent. Actions by and against executors and administrators. Actions for waste, destruction, taking, conversion, or trespass. Actions on bond of former executor or administrator. Unqualified executors as parties. Compounding or compromising with debtor. Recovery of fraudulently conveyed property. Same; costs; sale of property recovered; proceeds. Custody and management of property; recovery of possession; Joinder in possessory or title actions. Delivery of real property to heirs or devisees. Purchase of claims against estate. Deposit of funds. Investment of moneys of estate pending settlement.

§ 1411. Possession of estate The executor or administrator shall take into his possession all the estate of the decedent, real and personal, and collect all debts due to the decedent or to the estate. For the purpose of bringing suits to quiet title, or for partition of the estate, the possession of the executors or administrators is the possession of the heirs or devisees; but in such cases, the possession by the heirs or devisees is subject to the possession of the executor or administrator for the purposes of administration, as provided in this title. § 1412. Partnership property; settlement; accounting When a partnership exists between the decedent, at the time of his death, and another person, the surviving partner has the right to continue in possession of the partnership, and to settle its business, but the interest of the decedent in the partnership shall be included in