Probate Practice and Procedure

Bonds of Executors, Administrators, and Guardians

SECTION 33-17-17

§ 33-17-17. Decree of unfaithful administration.

If any executor or administrator shall neglect or refuse to raise money out of the estate by collecting debts due or by selling the personal estate, or the real estate, if need be, and has power, or can obtain leave, to sell the same, or shall neglect or refuse to pay over what he or she has in his or her hands to the several creditors of the testator or intestate whose claims have been filed and allowed or proved according to law, or shall otherwise fail to perform his or her duties as executor or administrator, and, after citation before the probate court, shall fail to show reasonable cause therefor, the court may decree that he or she is guilty of unfaithful administration; and thereupon an action may be brought upon the bond of the executor or administrator by any creditor who may have been damnified thereby.

History of Section.
(C.P.A. 1905, § 1028; G.L. 1909, ch. 320, § 17; G.L. 1923, ch. 371, § 16; G.L. 1938, ch. 576, § 16; G.L. 1956, § 33-17-17.)