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§58-234.
§58-234.
A. Whenever the judge has reason to believe, from his own knowledge or
from credible information, that any executor or administrator has
wasted, embezzled or mismanaged, or is about to waste, or embezzle the
property of the estate committed to his charge, or has committed or is
about to commit a fraud upon the estate, or is incompetent to act or
has wrongfully neglected the estate, or has long neglected to perform
any act as such executor or administrator, he must, by an order
entered upon the minutes of the court, suspend the powers of such
executor or administrator until the matter is investigated.
B. If the judge determines on his own motion, or upon application by
an interested party and upon proper showing, that an executor or
administrator is subject to a conflict of interest which substantially
impairs the executor's or administrator's ability to perform his
duties as required by law, the judge shall suspend the powers of the
executor or administrator with respect to the subject matter of the
conflict of interest and appoint a special administrator to act with
respect to such subject matter. The executor or administrator shall
remain empowered to act with respect to all other matters.
C. The judge of the district court shall require each and every
administrator, executor or guardian to make a report at least once in
each year, showing the condition of the estate, and of all property,
notes, monies, and other assets in his hands and the use that has been
made thereof during the past year.
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