§ 43-2-292 — Additional Bond May Be Required; Removal for Default

Alabama § 43-2-292

• Jurisdiction: Alabama
• Title 43: Wills and Decedents’ Estates
• Ch. 2: Administration of Estates
• Art. 12: Resignation, Removal, Etc., of Executors or Administrators
• Div. 2: Removal and Proceedings to Require New or Additional Bond

Text

An executor or administrator may also be required to give additional bond and, in default thereof, may be removed and his or her letters revoked, in the following cases:
(1) When it is shown to the court by his or her sureties, or either of them, that he or she has become, or is likely to become, insolvent, and that they have sustained, or probably will sustain, loss thereby.
(2) When his or her letters have been granted on insufficient security, or the security has become insufficient since the grant, or any of his or her sureties have died or have removed from the state.
(3) When the penalty of the bond is not sufficient to secure the due performance of the trusts committed to him or her.

Legislative History

(Code 1852, §1697; Code 1867, §2018; Code 1876, §2387; Code 1886, §2046; Code 1896, §93; Code 1907, §2567; Code 1923, §5790; Code 1940, T. 61, §180.)