Section 12-22-24

Published: 2015

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Section 12-22-24

Section 12-22-24Bond on appeal of order removing executor or administrator.

(a) No appeal can be taken from any order of the probate court removing an executor or administrator unless the applicant gives either a cash bond or a bond with at least two good and sufficient sureties, payable to the probate judge and in the amount fixed by him, not less than the amount of his bond as executor or administrator, conditioned to prosecute the appeal to effect and, until the same is decided, faithfully to discharge his duties as such executor or administrator.

(b) If such appeal is decided against the appellant, any cash bond posted or part thereof may be ordered forfeited for costs, or, if other than a cash bond was given, execution for costs may issue against him and the sureties on such bond, their names being certified with the record to the appellate court.

(c) Such bond also stands as security for the faithful discharge of his duties as such executor or administrator, from the time the same is approved until the appeal is finally decided.

(Code 1852, §§1895-1897; Code 1867, §§2254-2256; Code 1876, §§3964-3966; Code 1886, §§3644-3646; Code 1896, §§461-463; Code 1907, §§2859-2861; Code 1923, §§6118-6120;Code 1940, T. 7, §§779-781.)