§ 58-183. Suspension of powers and removal for failure to give bond or further security - Periodical examination of bonds.  


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  • When a petition is presented praying that an executor or administrator be required to give further security, or to give bond where, by the terms of the will no bond was originally required and it is alleged on oath that the executor or administrator is wasting the property of the estate, the judge may, by order, suspend his powers until the matter can be heard and determined.  It shall be the duty of the district court to make an examination of all bonds filed by administrators, or guardian or executors, at least once each year, and to make diligent inquiry as to the solvency of the sureties on such bond, and to ascertain if they are still residents within the state, and all other matters which might affect the said bonds or the sureties thereon.  And if such sureties are not found to be fully solvent and safe the court shall demand further security, and if it is not given within a reasonable time, the administrator, executor or guardian shall be removed.

R.L.1910, § 6276.