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ties; and if the right of the applicant is established, and he is competent, letters of administration must be granted to him, and the letters of the former administrator revoked.

of relatives them to

prior

letters.

1386. (§ 70.) The surviving husband or wife, Prior rights when letters of administration have been granted to a entitles child, father, brother, or sister of the intestate; or revoke any of such relatives, when letters have been granted to any other of them, may assert his prior right, and obtain letters of administration, and have the letters before granted revoked in the manner prescribed in the three preceding sections.

ARTICLE VI:

OATHS AND BOND OF EXECUTORS AND ADMINISTRATORS.

SECTION 1387. Administrator or executor to take oath. Letters and
bond to be recorded.

1388. Bond of Administrators, form and requirements of.
1389. Additional bonds, when required.

1390. Conditions of bonds.

1391. Each or more than one administrator to give separate

bonds.

1392. Several recoveries may be had on same bond.

1393. Bonds, and justification of sureties on. Must be

approved.

1394. Citation and requirements of Judge on deficient bond.
Additional security.

1395. Right ceases, when.

1396. When bond may be dispensed with.

1397. Petition showing failing sureties and asking for further

bonds.

1398. Citation to executor, etc., to show cause against such

application.

1399. Further security may be ordered.

1400. Neglecting to obey order.

1401. Suspending powers of executor, etc.

1402. Further security ordered without application of party

in interest.

1403. Release of sureties.

1404. New sureties.

1405. Neglect to give new sureties forfeits letters.

1406. Applications to be determined out of term time.

Adminis

trator or

take oath.

1387. (§ 72.) Before letters testamentary or of

executor to administration are issued to the executor or administrator, he must take and subscribe an oath before some officer authorized to administer oaths, that he will perform, according to law, the duties of executor or administrator, which oath must be attached to the Letters and letters. All letters testamentary and of administration issued to, and all bonds executed by executors or administrators, with the affidavits and certificates thereon, must be forthwith recorded by the Clerk of the Court having jurisdiction of the estates, in books to be kept by him in his office for that purpose.

bond to be

recorded.

Bond of adminis

trator. form and requirements of.

Additional bonds, when required.

1388. (§ 73.) Every person to whom letters testamentary or of administration are directed to issue, must, before receiving them, execute a bond to the State of California, with two or more sufficient sureties, to be approved by the Probate Judge. In form, the bond must be joint and several, and the penalty must not be less than twice the value of the personal property, and twice the probable value of the annual rents, profits, and issues of the real property belonging to the estate, which values must be ascertained by the Probate Judge, by examining on oath the party applying, and any other persons.

1389. (§ 73.) The Probate Judge must require an additional bond whenever the sale of any real estate belonging to an estate is ordered by him; but no such additional bond must be required when it satisfactorily appears to the Court that the penalty of the bond given before receiving letters, or of any bond given in place thereof, is equal to twice the value of the personal property remaining in, or that will come into, the possession of the executor or administrator, including the annual rents, profits, and issues of real estate, and twice the probable amount to be realized on the sale of the real estate ordered to be sold.

1390.

of bonds.

(§ 73.) The bond must be conditioned that Conditions the executor or administrator shall faithfully execute the duties of the trust according to law.

Each or one admin

more than

istrator

1391. (§ 74.) When two or more persons are appointed executors or administrators, the Probate Judge must require and take a separate bond from to give each of them.

separate

bonds.

recoveries

may be

1392. (§ 75.) The bond shall not be void upon Several the first recovery, but may be sued and recovered upon from time to time, by any person aggrieved, in his own name, until the whole penalty is exhausted.

same bond.

Bonds, and justitica

tion of

sureties on.

1393. (§ 76.) In all cases where bonds or undertakings are required to be given, under this Title, the sureties must justify thereon in the same manner and in like amounts as required by Section 1057 of this Code, and the certificate thereof must be attached to, and filed and recorded with the bond or undertaking. All such bonds and undertakings must be approved by Must be the Probate Judge before being filed or recorded.

approved.

and

requireJudge on

ments of

deficient bond.

1394. (§ 76.) Before the Probate Judge approves Citation any bond required under this Title, he may of his own motion, or at any time after the approval of such bond, upon the motion of any person interested in the estate, supported by affidavit that any one or all of such sureties are not worth as much as they have justified to, order a citation to issue, requiring such sureties to appear before him, at a certain time and place, to testify touching their property and its value; and the Judge must, at the time such citation is issued, cause a notice to be issued to the executor or administrator, requiring his appearance at the return of the citation. Upon the return of the citation, the Judge may swear the sureties, and such witnesses as may be produced, touching the property of such sureties and its value; and if, upon such investigation, the Judge is satisfied

security.

Additional that the bond is insufficient, he may require sufficient additional security, within such time as may be reasonable, not less than five days.

Right ceases, when.

When bond may be dispensed with.

Petition showing failing sureties

for further bonds.

1395. (§ 76.) If sufficient security is not given within the time fixed by the Judge's order, the right of such executor or administrator to the administration shall cease, and the person next entitled to the administration on the estate, who will execute a sufficient bond, must be appointed to the administration.

1396. (§ 77.) When it is expressly provided in the will of a testator, that no bond is required of the executor, letters testamentary may issue and sales of real estate be made and confirmed without any bond being given; but an executor to whom letters are issued without bond, may, at any time afterward (when it appears from any cause necessary or proper), be required to file a bond as in other cases.

1397. (§ 78.) Any person interested in an estate may, by verified petition, represent to the Probate and asking Judge that the suretics of the executor or administrator thereof have become or are becoming insolvent, or that they have removed or are about to remove from the State, or that from any other cause the bond is insufficient, and ask that further security be required.

Citation to executor, etc., to

show cause against

such application.

1398. (§ 79.) If the Probate Judge is satisfied that the matter requires investigation, a citation must be issued to the executor or administrator, requiring him to appear, at a time and place to be therein specified, to show cause why he should not give further security. The citation must be served personally on the executor or administrator, at least five days before the return day. If he has absconded, or cannot be found, it may be served by leaving a copy of it at his last place of residence, or by such publication as the Court or Judge may order.

security

may be

ordered.

1399. (§ 80.) On the return of the citation, or at Further such other time as the Judge may appoint, he must proceed to hear the proofs and allegations of the parties. If it satisfactorily appears that the security is, from any cause, insufficient, he may make an order requiring the executor or administrator to give further security, or to file a new bond in the usual form within. a reasonable time, not less than five days.

to obey

1400. (§ 81.) If the executor or administrator Neglecting neglects to comply with the order within the time pre- order. scribed, the Judge must, by order, revoke his letters, and his authority must thereupon cease.

powers of

etc.

1401. (§ 82.) When a petition is presented pray- Suspending ing that an executor or administrator be required to executor, 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.

security

without

1402. (§ 83.) When it comes to his knowledge Further that the bond of any executor or administrator is, from ordered any cause, insufficient, the Probate Judge, without any application application, must cause him to be cited to appear and interest. show cause why he should not give further security, and must proceed thereon as upon the application of any person interested.

sureties.

1403. (§ 84.) When a surety of any executor or Release of administrator desires to be released from responsibility on account of future acts, he may make application to the Probate Court or Judge for relief. The Court or Judge must cause a citation to the executor or administrator to be issued, and served personally, requiring him to appear at a time and place to be therein specified, and to give other security. If he has absconded,

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