§ 33-17-17 - Decree of unfaithful administration.

SECTION 33-17-17

   § 33-17-17  Decree of unfaithfuladministration. – If any executor or administrator shall neglect or refuse to raise money out ofthe estate by collecting debts due or by selling the personal estate, or thereal estate, if need be, and has power, or can obtain leave, to sell the same,or shall neglect or refuse to pay over what he or she has in his or her handsto the several creditors of the testator or intestate whose claims have beenfiled and allowed or proved according to law, or shall otherwise fail toperform his or her duties as executor or administrator, and, after citationbefore the probate court, shall fail to show reasonable cause therefor, thecourt may decree that he or she is guilty of unfaithful administration; andthereupon an action may be brought upon the bond of the executor oradministrator by any creditor who may have been damnified thereby.