§43-2-299. Removal or additional bond on motion of court.


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  • Whenever the judge of probate has reason to believe that any just ground or cause of removal exists, or that an additional bond should be required of an executor, or administrator, he may cause a citation to be served on such executor or administrator, requiring him to appear on a day therein named, five days after service thereof, and show cause why he should not be removed, or give an additional bond, as the case may be; and if no sufficient cause is shown, the court may remove such executor or administrator, or require him to give an additional bond; and, if an additional bond is required, on failure to give the same within the time prescribed the court may remove him.

(Code 1852, §§1708, 1709; Code 1867, §§2029, 2030; Code 1876, §§2398, 2399; Code 1886, §2053; Code 1896, §100; Code 1907, §2574; Code 1923, §5797; Code 1940, T. 61, §187.)