§ 26-3. When court may require new bond, or revoke authority; giving new bondupon motion of fiduciary, surety or other party in interest.
A. The court under whose order or under the order of whose clerk any suchfiduciary derives his authority, on the application of any surety or hispersonal representative, shall, or, (i) upon motion of the fiduciary, or (ii)when it appears proper on report of the clerk or a commissioner or onevidence adduced before it by any party interested, may, at any time, whethersuch fiduciary shall have given bond with or without sureties, order him togive before the court, or clerk, a new bond or additional bond in areasonable time to be prescribed by it in such penalty and with or withoutsureties as may appear to it to be proper. The new bond or additional bondshall have the effect provided by § 49-14. In all cases where the fiduciaryqualified pursuant to an order issued by a clerk, the clerk shall have thesame power regarding bond and surety. If the order of the court or clerk isnot complied with, or whenever from any cause it appears proper, the courtmay revoke and annul the powers of any such fiduciary. However, no such ordershall be made unless reasonable notice appears to have been given to thefiduciary by (i) the commissioner who made the report, (ii) the surety or hisrepresentative making the application or (iii) the service of a rule orotherwise. No order or revocation shall invalidate any previous act of suchfiduciary.
B. When the court or clerk orders a new bond, additional bond, or a reductionin bond, the court or clerk shall, in lieu of requiring a personal appearanceby the fiduciary for the execution thereof, allow the fiduciary's executionto be made by the fiduciary's agent under a power of attorney expresslyauthorizing the same.
(Code 1919, § 5417; 1966, c. 328; 1997, c. 842; 2001, c. 79.)
§ 26-3. When court may require new bond, or revoke authority; giving new bondupon motion of fiduciary, surety or other party in interest.
A. The court under whose order or under the order of whose clerk any suchfiduciary derives his authority, on the application of any surety or hispersonal representative, shall, or, (i) upon motion of the fiduciary, or (ii)when it appears proper on report of the clerk or a commissioner or onevidence adduced before it by any party interested, may, at any time, whethersuch fiduciary shall have given bond with or without sureties, order him togive before the court, or clerk, a new bond or additional bond in areasonable time to be prescribed by it in such penalty and with or withoutsureties as may appear to it to be proper. The new bond or additional bondshall have the effect provided by § 49-14. In all cases where the fiduciaryqualified pursuant to an order issued by a clerk, the clerk shall have thesame power regarding bond and surety. If the order of the court or clerk isnot complied with, or whenever from any cause it appears proper, the courtmay revoke and annul the powers of any such fiduciary. However, no such ordershall be made unless reasonable notice appears to have been given to thefiduciary by (i) the commissioner who made the report, (ii) the surety or hisrepresentative making the application or (iii) the service of a rule orotherwise. No order or revocation shall invalidate any previous act of suchfiduciary.
B. When the court or clerk orders a new bond, additional bond, or a reductionin bond, the court or clerk shall, in lieu of requiring a personal appearanceby the fiduciary for the execution thereof, allow the fiduciary's executionto be made by the fiduciary's agent under a power of attorney expresslyauthorizing the same.
(Code 1919, § 5417; 1966, c. 328; 1997, c. 842; 2001, c. 79.)
§ 26-3. When court may require new bond, or revoke authority; giving new bondupon motion of fiduciary, surety or other party in interest.
A. The court under whose order or under the order of whose clerk any suchfiduciary derives his authority, on the application of any surety or hispersonal representative, shall, or, (i) upon motion of the fiduciary, or (ii)when it appears proper on report of the clerk or a commissioner or onevidence adduced before it by any party interested, may, at any time, whethersuch fiduciary shall have given bond with or without sureties, order him togive before the court, or clerk, a new bond or additional bond in areasonable time to be prescribed by it in such penalty and with or withoutsureties as may appear to it to be proper. The new bond or additional bondshall have the effect provided by § 49-14. In all cases where the fiduciaryqualified pursuant to an order issued by a clerk, the clerk shall have thesame power regarding bond and surety. If the order of the court or clerk isnot complied with, or whenever from any cause it appears proper, the courtmay revoke and annul the powers of any such fiduciary. However, no such ordershall be made unless reasonable notice appears to have been given to thefiduciary by (i) the commissioner who made the report, (ii) the surety or hisrepresentative making the application or (iii) the service of a rule orotherwise. No order or revocation shall invalidate any previous act of suchfiduciary.
B. When the court or clerk orders a new bond, additional bond, or a reductionin bond, the court or clerk shall, in lieu of requiring a personal appearanceby the fiduciary for the execution thereof, allow the fiduciary's executionto be made by the fiduciary's agent under a power of attorney expresslyauthorizing the same.
(Code 1919, § 5417; 1966, c. 328; 1997, c. 842; 2001, c. 79.)
