Counter security; application of surety; delivery of property; inventory; duties and liabilities of surety

§ 20–358. Counter security; application of surety; delivery of property; inventory; duties and liabilities of surety (a) If a surety of an executor or administrator apprehends that he is in danger of suffering from the suretyship, he may apply for relief to the Probate Court. The court may call upon the party to give counter security, to be approved by the court. If the party so called on does not, within a fixed reasonable time, give counter security, the court may order the property remaining in his hands as executor or administrator to be delivered up to the surety, and the court may enforce the delivery by process. Without delay, the executor or administrator shall return an inventory of the property delivered to the surety. Under the immediate order of the court, the surety shall sell, distribute, and deliver up the property contained in the inventory, as the case requires, as if the surety were the executor or administrator. (b) To prevent a double administration and consequent inconvenience to creditors and other arsons interested in the estate, the executor or administrator specified by subsection (a) of this section shall continue to discharge his trust, unless the court revokes his letters for a just cause, and he shall be answerable for the property in the same 79 Stat. 710manner as if it were not, on his default, delivered to the surety. The executor or administrator may sue the surety and recover damages if he suffers from the misconduct of the surety, in diminishing any part of the property, without obtaining an allowance therefor from the court. The surety shall bring into court, to be deposited with the Register of Wills, the money arising from the sale of any property as provided by this section, to be applied according to this Part.