An executor, administrator or guardian who has given to the probate court an instrument purporting to be a bond, which has been accepted as a bond by the court having jurisdiction to accept it, shall be qualified as if he or she had given a proper bond, notwithstanding any defect in the instrument and notwithstanding any error committed in giving or accepting the bond; but nothing contained in this section shall affect the right of appeal in these cases or the right of the court to require a proper bond at any time. In case an appeal be sustained, the provisions of § 33-17-5 shall not apply, if a new and satisfactory bond be given within thirty (30) days after a final decree in the appeal.
History of Section.
C.P.A. 1905, § 1017; G.L. 1909, ch. 320, § 6; G.L. 1923, ch. 371, § 5; G.L. 1938, ch. 576, § 5; G.L. 1956, § 33-17-6.