[Previous] [Next]
§58-176.
§58-176.
In all cases where bonds are required to be given, under this title,
the officer taking the same must require the sureties to accompany it
with an affidavit that they are each residents and householders or
freeholders within the state, and are each worth the sum specified in
the bond, over and above all their just debts and liabilities,
exclusive of property exempt from execution; but when the amount
specified in the bond exceeds One Thousand Dollars ($1,000.00), and
there are more than two sureties thereon, they may state in their
affidavits that they are severally worth amounts less than that
expressed in the bond, if the whole amount be equivalent to that of
two sufficient sureties, and the affidavits thereof must be attached
to, and filed and recorded with the bond. All such bonds must be
approved by the judge of the district court before being filed and
recorded. Before the judge of the district court approves any bond
required under this title, and after its approval he may of his own
motion, or upon the motion of any person interested in the estate,
supported by affidavit that the sureties or some one or more of them
are not worth as much as they have justified to, issue a citation,
requiring such sureties to appear before him, at a designated time and
place, to be examined touching their property and its value; and the
judge must, at the same time, issue a notice to the executor or
administrator, requiring his appearance on the return of the citation,
and on its return he may examine the sureties and such witnesses as
may be produced, touching the property of the sureties and its value;
and if, upon such examination, he is satisfied that the bond is
insufficient, he must require sufficient additional security.
[Previous] [Next]