Each executor or administrator to give bond. Several recoveries may be had on same bond. Sureties on SEC. 78. When two or more persons are appointed executors or administrators, the probate judge must require and take a separate bond from each of them. SEC. 79. The bond shall not be void upon 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. SEC. 80. 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 bond to jus amounts, as required in cases of appeal to the supreme court in the civil practice act; and the certificate thereof must be attached to, and filed and recorded with, the bond or undertaking. tify. Bonds to be approved by Probate judge may examine worth. All such bonds and undertakings must be approved probate judge by the probate judge, before being filed or recorded. SEC. 81. Before any probate judge approves any bond required under this title, and after its approval, he may, of his own motion, or upon the motion of any person interested in the estate, supported by affidavit that the sureties, or some one or more of them, are not worth as much as they have justified to, order a citation to sureties as to issue requiring such sureties to appear before him, at a designated time and place, to be examined touching their property and its value; and the judge must, at the same. time, cause a notice to be issued to the executor or administrator, requiring his appearance on the return of the citation; and on its return he may examine the sureties, and such witnesses as may be produced, touching the property of the sureties and its value; and if, upon May require such examination, he is satisfied that the bond is insufficient, he must require sufficient additional security. additional security. If sufficient bond not given, letters revoked. SEC. 82. 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. SEC. 83. When it is expressly provided in the will that no bond shall be required of the executor, letters testamentary may issue, and sales of real estate be made and confirmed, without any bond, unless the court, for good cause, require one to be executed; but the executor may at any time afterwards, if it appear from any cause necessary or proper, be required to file a bond as in other cases. SEC. 84. Any person interested in an estate may, by verified petition, represent to the probate judge that the sureties of the executor or administrator thereof have become or are becoming insolvent, or that they have removed or are about to remove from the territory, or, from any other cause, that the bond is insufficient, and ask that further security be required. SEC. 85. 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 place of residence, or by such publication as the court or judge may order. SEC. 86. On the return of the citation, or at 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 timenot less than five days. SEC. 87. If the executor or administrator neglects to comply with the order within the time prescribed, the judge must, by order, revoke his letters, and his authority must thereupon cease. SEC. 88. When a petition is presented, praying that If executor or charged with wasting estate may be sus pended. an executor or administrator be required to give further security, or to give bond, if, by the terms of the will, no administrator 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. SEC. 89. When it comes to his knowledge that the When probate bond of any executor or administrator is from any cause cite executor insufficient, the probate judge, without any application, must cause him to be cited to appear and show cause why he should not give further security; and must proceed thereon as upon the application of any person interested. judge may or a d minis trator to give additional bond. SEC. 90. Where a surety of any executor or administrator desires to be released from responsibility on account of future acts, he may make application to the Proceeding probate court or judge for relief. The court or judge must cause a citation to the executor or administrator to where surety asks to be relieved from sponsibility on bond. further re- 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, left, or removed from the territory, or if he cannot be found after due diligence and inquiry, service may be made as provided in section 85. If new sure SEC. 91. If new sureties be given to the satisfaction of the judge, he may thereupon make an order that the mer sureties sureties who applied for relief shall not be liable on their bond for any subsequent act, default, or misconduct of the executor or administrator. ties given forrelieved. If new sure SEC. 92. If the executor or administrator neglects or refuses to give new sureties, to the satisfaction of the judge, on the return of the citation, or within such reaties not given sonable time as the judge shall allow, unless the surety making the application shall consent to a longer extension of time, the court or judge must, by order, revoke his letters. letters revoked. When appli cations under SEC. 93. The applications authorized by the nine nine preced- preceding sections of this chapter may be heard and demay be heard termined out of term time. ing sections in. All orders made therein must be entered upon the Orders thereminutes of the court. ARTICLE VII.-Special Administrators and their SEC. 94. The liability of principal and sureties upon the bond of any executor, administrator, or guardian, is in all cases to pay in the kind of money or currency in which the principal is legally liable. SEC. 95. When there is delay in granting letters testamentary or of administration, from any cause, or when such letters are granted irregularly, or no sufficient bond is filed as required, or when no application is made for such letters, or when an administrator or executor dies or is suspended or removed, the probate judge must appoint a special administrator to collect and take charge of the estate of the decedent, in whatever county or counties the same may be found, and to exercise such other powers as may be necessary for the preservation of the estate, or he may direct the public administrator of his county to take charge of the estate. SEC. 96. The appointment may be made out of term time, and without notice, and must be made by entry upon the minutes of the court specifying the powers to be exercised by the administrator. Upon such order being entered, and after the person appointed has given bond, the clerk must issue letters of administration to such person in conformity with the order. SEC. 97. In making the appointment of a special administrator, the probate judge must give preference to the entitled to letters testamentary or of adminisperson tration, but no appeal must be allowed from the appoint ment. Bond of spe SEC. 98. Before any letters issue to any special administrator, he must give bond in such sum as the probate judge may direct, with sureties to the satisfaction cial adminis of the judge, conditioned for the faithful performance of his duties; and he must take the usual oath, and have the same endorsed on his letters. trator. Duties of special adminis trator. When powers SEC. 99. The special administrator must collect and preserve for the executor or administrator all the goods, chattels, debts, and effects of the decedent, all incomes, rents, issues, and profits, claims and demands of the estate; must take the charge and management of, enter upon and preserve from any damage, waste, and injury, the real estate, and for any such and all necessary purposes, may commence and maintain or defend suits and other legal proceedings, as an administrator; he may sell such perishable property as the probate court may order to be sold, and exercise such other powers as are conferred upon him by his appointment; but in no case is he liable to an action by any creditor on a claim against the decedent. SEC. 100. When letters testamentary or of administration on the estate of the decedent have been granted, the powers of the special administrator cease, and he of special ad- must forthwith deliver to the executor or administrator all the property and effects of the decedent in his hands; and the executor or administrator may prosecute to final judgment any suit commenced by the special adminis ministrator to cease. Account of special ad trator. SEC. 101. The special administrator must render an ministrator account, on oath, of his proceedings, in like manner as other administrators are required to do. to be render ed. ARTICLE VIII.—Wills Found after Letters of Administration Granted, and Miscellaneous Provisions. SEC. 102. If, after granting letters of administration on the ground of intestacy, a will of the decedent is duly proved and allowed by the court, the letters of administration must be revoked, and the powers of administrator shall cease, and he must render an account of his administration within such time as the court shall direct. SEC. 103. In such case, the executor, or the administrator with the will annexed, is entitled to demand, sue for, recover, and collect all the rights, goods, chattels, |