Estate of White
Synopsis
Bond on Executob.—Sec. 1401 of the Code of Civil Procedure, which provides that in certain cases the powers of an executor may be suspended upon an application for an order requiring him to give bonds, does not conflict with sec. 1390 of the same Code, which gives the general power to require a bond in proper cases.
By the Court : Sec. 1396 of the Code of Civil Procedure provides that when letters have been issued without bond, a bond may nevertheless be subsequently required, when it appears from any cause necessary or proper.
Sec. 1401 provides that a sworn petition may be presented setting forth waste by the executor, and praying that he • be required to give bond, and that, when such petition is filed, the powers of the executor may be suspended until the matter can be heard and determined. This’section in no way conflicts with sec. 1396, which gives the Probate Court the general power to require a bond in- proper cases.
Order affirmed.
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