Probate Practice and Procedure

Bonds of Executors, Administrators, and Guardians

SECTION 33-17-16

§ 33-17-16. Facts to be shown by creditor suing on bond.

If a suit is brought by a creditor of the deceased person, he or she shall show:

(1) That his or her claim has been duly filed;

(2) That his or her claim has not been disallowed by the executor or administrator, or has been established by commissioners, or by judgment; and

(3) That a decree of unfaithful administration has been entered as provided in § 33-17-17, and if the estate be insolvent, he or she shall also produce a copy of the order of distribution.

History of Section.
(C.P.A. 1905, § 1027; G.L. 1909, ch. 320, § 16; G.L. 1923, ch. 371, § 15; G.L. 1938, ch. 576, § 15; G.L. 1956, § 33-17-16.)