Relief from suretyship; counter security, or bond; removal of officer or fiduciary from office

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When the surety, or his personal representatives, of an officer, commissioner, receiver, or trustee appointed under a decree of court and required to give bond apprehends himself to be in danger of suffering from the suretyship, and petitions the court to be relieved from the suretyship, or that the court require the officer, commissioner, receiver, or trustee to give counter security, the court may, on reasonable notice to the trustee or other officer, require him to give counter security or to give a new bond in the same manner as if none had been given by him. If he fails to do so by a day named, the court may remove him from his office or trust and appoint a new trustee or other officer in his stead to complete the duties of his office of trust, and may thereupon, order him to deliver over to his successor all the trust property, including moneys, books, papers, bonds, notes, and evidences of debt, and may compel compliance with the order by attachment.

(Dec. 23, 1963, 77 Stat. 612, Pub. L. 88-241, § 1.)

Prior Codifications

1981 Ed., § 16-4101.

1973 Ed., § 16-4101.

Cross References

Counter security by guardian, see § 21-118.


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