Every legatee and distributee, or representative of a legatee or distributee, who applies for payment of that person's portion of the decedent's estate, or any part thereof, prior to the time provided by law, shall, before receiving the payment, give bond with two (2) or more sufficient sureties, or one (1) corporate surety, in double the amount to be paid, payable to the state, conditioned that if any debt or debts truly owing by the deceased shall be afterwards sued for and recovered or be otherwise duly made to appear, the legatee or distributee shall refund and pay the ratable part of the debt or debts out of the share or part so allotted to the legatee or distributee.
Code 1858, § 2316 (deriv. Acts 1715, ch. 48, § 7; 1789, ch. 23, § 2); Shan., § 4053; mod. Code 1932, § 8336; mod. C. Supp. 1950, § 8336; T.C.A. (orig. ed.), § 30-1304.
Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 694, 795.