Liability of surety. Devastavit. 4 Fla.. 482. 5 Fla., 83. 8 Fla., 367. administrators, judgments against. 9 Fla., 256, 14 Fla., 59. 16 Fla., 519-692. of the court annexed, shall be sufficient evidence in any court on any trial that shall be had for the breach of the conditions thereof. (f) SEC. 68. No security for any executor or any administrator shall be charged beyond the assets of the testator or intestate, by reason of any omission or mistake in pleading, or for false pleading of such executor or administrator. (f) SEC. 69. When any action shall be brought against any executor or administrator, suggesting a devastavit, if such executor or administrator cannot show that he has fully administered according to law, he shall be charged of his own estate with the amount of the debt proved to be due from the estate, if assets to that amount be proved to have come to his hands and not duly administered by him, or so much of said debt as the amount of said assets not duly administered. (g) SEC. 70. Where any person or persons shall have heretofore Executors and recovered, or shall hereafter recover, any judgment against executors or administrators in their representative character, and upon execution issued upon such judgment it shall be returned that there are not found in the possession of the said executors or administrators sufficient assets of the testator or intestate to pay and satisfy the whole or any part of such judgments, such person or persons recovering such judgment, his, her or their executors or administrators may, upon such return of the execution as aforesaid, immediately commence and prosecute his, her or their action in the name of the Governor of the State, for the use of such person or persons, for the recovery of such judgment, or such part thereof as shall remain unpaid, against such executors and administrators and their securities, or against either of them, or the executors or administrators of either of them, upon the bond given by them for the performance of the duties of such executors or administrators; in which said action the defendants may plead any plea or pleas, and in support thereof offer any evidence which would be legally admissible in any action against executors or administrators suggesting a devastavit. (h) Bond, suit on. Limitation on open account or intestate. SEC. 71. If any suit be brought against any executor or administrator, or other person having charge of the estate of a due by testator testator or an intestate, for the recovery of debt due upon an open account, it shall be the duty of the court, before whom such suit shall be brought, to cause to be expunged from such account every item thereof which shall appear to have been due five years before the death of the testator or intestate; saving to all persons, non compos mentis, femes covert, infants, imprisoned, or out of this State, who may be plaintiffs in such suits, three years after their several disabilities shall be removed; and if any person shall wilfully post date any such account, he shall forfeit and pay tenfold the amount of the ar (f) Secs 32 and 33, Act of Nov. 20, 1828. (h) Chap. 528, Act of Dec. 23, 1852. ticles so post dated; to be recovered in any court of record where the penalty incurred shall exceed twenty dollars and by warrant before a Justice of the Peace where the penalty incurred shall not exceed that sum. (i) SEC. 72. No action of debt shall be brought against any ex- Debt on ecutor or administrator, or other person having charge of the judgments. estate of a testator or intestate, upon a judgment obtained against his testator or intestate, nor shall any scire facias be issued against any executor or administrator, or other person having charge of the estate as aforesaid, to revive such judg- 3 Fla., 175. ment, after the expiration of five years from the qualification 9 Fla., 15. of his executor or administrator, or of such other person having charge of the estate; and all such judgments, after the expiration of five years upon which no proceeding shall have been had, shall be deemed to have been paid and discharged, saving to all persons non compos mentis, femes covert, infants, imprisoned, or out of this State, who may have been entitled to the benefits of such judgments, three years after these several disabilities shall be removed. (i) sue. SEC. 73. Executors and administrators who shall produce Foreign execuprobate of wills or letters of administration, duly obtained in tors, &c., may any of the States or Territories in the United States, and properly authenticated under the act of Congress of the 26th 9 Fla., 179. of May, 1790, shall be authorized to maintain actions in the 7 Fla., 372. several courts in this State, under the same rules and regulations as other plaintiffs. (j) Returns of ex istrators and when may be made. SEC. 74. Executors, administrators, and guardians may make cutors, admintheir annual returns at any time before the first day of June in guardians, each and every year. SEC. 75. Every executor, administrator, and guardian who Forfeiture of shall fail to make the returns required of him by law by the commissions first day of June, as provided above, shall forfeit all commissions on the returns so to be made. (k) for failure to make returns. 5 Fla., 542. made. SEC. 76. It shall be the duty of the executors, administrators, and guardians, in their annual returns, to render a full ments to be and correct account of the receipts and expenditures of all estates of which they may severally have the control; and if approved, or so much thereof as may be approved, it shall be so entered upon the record, and the said accounts be filed in the office of the judge of said court. (1) tlement. SEC. 77. When any executors, administrators, or guardians, Two months' shall make a settlement of their accounts before the courts as notice of setaforesaid, it shall be their duty at least two months previously to presenting their accounts and vouchers to the court, to give notice by written advertisement posted up at the outer door of the court-house, and also at some public place in the county where the court is to be held, before which their accounts and vouchers are to be presented, of their intention to present their (i) Secs. 12 and 13, Act of Nov. 10, 1828. ) Sec. 3, Act of Nov. 21, 1829. (k) Secs. 2 and 3, Chap. 1013, Act of Dec. 22, 1859. (7) Sec. 1, Act of Feb. 16, 1834, as amended by Chap. 1013, Act of Dec. 22, 1859. Allowances to executor and administrator. 7 Fla.. 44. Process to compel account. said accounts and vouchers, and no account or settlement shall be made or allowed by the said court, unless such notice shall have been given as aforesaid; and it shall be the duty of the court to make such settlement with such executors, administrators, and guardians, as herein directed. (m) SEC. 78. Executors and administrators shall be allowed all reasonable charges, on account of disbursement for funeral expenses, and in the administration of the estate of the person deceased, and shall also be allowed a fair and just compensation for their services, and also a compensation not exceeding six per cent. on money arising from the sale of personal property and lands of the deceased. (n) SEC. 79. The Judges of the County Courts of the State, respectively, shall have power to award process to cause to come before them all and every such person who, as executor, administrator, guardian, tutor, trustee, or otherwise, are or may be concerned and entrusted, or in anywise accountable for any estate, real or personal, belonging to any orphan, or any person under age, to cause them to make, within a reasonable time, true and perfect inventories of said estate, and render just and true accounts of the same; and if any person entrusted as aforesaid shall neglect to account to said court as aforesaid, the court shall immediately issue an attachment against such person, to be executed by the sheriff of the county where such person may live, to be returned by the sheriff, together with the delinquent, who shall pay all the costs of the attachment. (0) SEC. 80. Whenever it shall appear satisfactorily to the said court or judge, on petition of any legatee, heir, or security, that any executor, who has taken out letters testamentary on the estate of any testator, is either mismanaging or wasting the estate of the deceased, it shall be lawful for the said court or judge to revoke the said letters testamentary, and appoint one or more appraisers of the said estate, or to require good and sufficient security by bond, to be filed by the said execu tors, for the further due administration of said estate; and on petition as aforesaid, whether any mismanagement or waste be charged or not, the said court or judge may order either execAccount by ex- utors or administrators to file a just and true account of their Mismanagement of executor, &c. ecutor or ad ministrator. administration in the office of the judge, within such time as the said court or judge may direct, from the issuing and service of such order; and whenever it shall be satisfactorily shown to the court or judge, by affidavits or otherwise, that the securities on any bond given by executors or administrators are insufficient, the court or judge shall order that additional security be filed, and if not complied with within such time as shall be directed in said order, the said court or judge may rovoke the letters testamentary, or letters of administration, and appoint a receiver or other administrator. (p) (m) Sec. 36, Act of Nov. 20. 1828. (0) Sec. 37. Act of Nov. 20, 1828. SEC. 81. Any administrator or executor may be removed and Administrator his letters revoked for any of the following causes, and that or executor may such removal shall be in addition to, and not in lieu of the be removed. penalties now prescribed by law in the cases enumerated : First, habitual drunkenness or continued sickness, rendering Causes of rehim incapable of the discharge of his duties, or insanity. moval. Second, failure to make and return inventories of the estate, or to render just and true accounts of the estate, or to make settlements and returns when so required by law. Third, failure to return schedules of property sold, or accounts of sales of property, real and personal, when so required by law. Fourth, the wasting or embezzlement, or other maladministration of the estate. Fifth, failure to give bond or security for any purpose, when so required by the County or Circuit Court, in accordance with the requirements of law. (9) + Fla., 56. SEC. 82. Applications for removal of any executor or admin- To what court, istrator must be made to the court from which letters testa- and by whom mentary or of administration issued, and the proceedings may removal to be application for he instituted by any creditor, legatee, devisee, heir, distributee, made. or by any co-executor or co-administrator, or the sureties upon the administration bond, or either of the sureties upon such bond, and shall be conducted in such manner as is prescribed by law for proceedings in probate matters in the County Court. (9) tration of estate SEC. 83. When an executor or administrator is removed for who shall comany cause, and there is any other executor or administrator, plete adminis no other executor or administrator shall be appointed; but in case of resach remaining executor or administrator shall complete the moval. administration of the estate. If the executor or administrator, so removed, be a sole executor or administrator, the Judge of the County Court shall appoint an administrator," Cum testamento annexo de bonis non," or an administrator de bonis non, as the case may require, in which event a bond shall be required, as in case of an original administration, the form of the condition of the bond being modified to suit the nature of the case. (q) turned over to executor. SEC. 84. The remaining executor or administrator in the one All effects to be case, and the administrator with the will annexed of the goods succeeding adnot administered, or the administrator of the goods not ad- ministrator or ministered in the other, shall demand and receive of the removed executor or administrator, his heirs, executors, or administrators, all the goods and effects of the deceased, and all books of accounts, bonds, notes, or other securities, documents, papers, or property that concerns the estate, together with all the sums of money due the estate by him. (q) survive to suc SEC. 85. All suits in law or equity pending before any court All suits shall in favor of or against an executor or administrator removed ceeding execushall survive to, and may be prosecuted by or against, the ad- tor or adminisministrator appointed to succeed him, and such shall likewise (9) Secs. 1, 2, 3 and 4, Chap. 1733, Act of Feb. 19, 1870. trator. be the case in cases where there is a remaining executor or administrator; but neither the administrator with the will anExtent of their nexed of the goods not administered, or the administrator of liability. the goods not administered, or the remaining executor or administrator, shall be liable for any default of their predecessors in any other manner than they would in the absence of this statute, nor shall they be liable, in any event, in any amount beyond the value of the property or assets which has or may come to their hands. (~) Removed excc account for and SEC. 86. That a removed executor or administrator shall be utor or admin- held to file a true, perfect and final account of his administraistrator shall tion with the Judge of the County Court within twenty days. turn over effects after his removal, and he shall turn over to his successor all the goods and effects of the deceased, and all property, and all books of accounts, bonds, notes or other securities, documents or papers that are in his control or possession and which concern the estate, together with all the sums of money due the estate by him, upon the qualification of his successor and upon demand made. (r) ure so to do. SEC. 87. If a removed executor or administrator fails or reProceedings in fuses to file a true, perfect and final account of his administracase of his fail- tion as required, or shall fail to turn over to his successor all the goods, property and effects of the deceased, and all books of accounts, bonds, notes or other securities, or documents and papers that are in his control and which concern the estate, upon the demand aforesaid, or shall fail to pay over to such new administrator, or remaining executor or administrator, all the sums of money due the estate by him, it shall be the duty of the Judge of the County Court, in either event, to issue an order addressed to such executor or administrator directing a compliance with the law in the respects mentioned, or either of them, as the case may be, within ten days after service of a copy of the order, and, in case of a failure or neglect of the removed executor or administrator to comply with this order within the time required, it shall be within the discretion and power of the Judge of the County Court, and it shall be his duty in case of such contempt, and when such default is not attributed to a cause which is justifiable, to commit such removed executor or administrator until he complies fully with the requirements of the law in the respects indicated. If sufficient cause is shown for the default, the Judge of the County Court shall then indicate a reasonable time in which a compliance with the law shall be required, and, upon failure to comply with this or any subsequent like order, the judge may commit the party in default until he does comply. (r) Sufficiency of cause for commitment may be inquired into by Judge of Circuit Court. SEC. 88. In case of a commitment the Judge of the Circuit Court may, upon a writ of "habeas corpus," inquire whether sufficient cause or excuse for the non-compliance with the or (r) Secs. 5, 6 and 7, Chap. 1733, Act of Feb. 19 1870. |