Probate practice and procedure
Appointment and Qualification of Executors and Administrators
§ 33-8-5 Powers of surviving and
qualifying joint executors Filling of vacancies.
If a testator shall appoint more than one executor of his or her will, and any
of them die or do not qualify, or, having qualified, shall die, resign, or be
removed, or become incapable of acting, those who for the time being are
qualified to act shall, unless otherwise provided in the will, have the same
power and authority as is given by the will to the executors named therein;
provided, that, upon the petition of any party in interest, the probate court
may appoint an administrator with the will annexed to fill the vacancy, in
which case the probate court shall also grant letters of administration to the
administrator with the will annexed if he or she shall qualify and the
administrator with the will annexed shall have the same power and authority as
is given by the will to the executor in whose place he or she is appointed,
unless the will contains an express provision contrary thereto.
History of Section.
(C.P.A. 1905, § 820; G.L. 1909, ch. 312, § 6; G.L. 1923, ch. 363,
§ 6; G.L. 1938, ch. 575, § 4; P.L. 1945, ch. 1592, § 1; G.L.
1956, § 33-8-5.)