59-1505. Conditions precedent to discharge.
59-1505
59-1505. Conditions precedent to discharge.Whenever any bequest or devise is made to a testamentary trustee, theexecutor or administrator shall not be discharged, unless the will providesotherwise, until a trustee has qualified in a court of competentjurisdiction and until proof of such qualification has been made and areceipt by the trustee has been filed, except as otherwise provided. Noexecutor or administrator who has received any funds for death by wrongfulact shall be discharged until he or she has filed a certified copy of the order,judgment or decree of distribution of the court wherein such funds wererecovered, and receipts from the persons entitled to such funds, or copiesthereof certified by the clerk of such court. No executor or administratorwho has been served with an order of garnishment, seeking to attach anyfunds or property of the estate to which the defendant in the garnishmentproceedings is or may become entitled as a legatee or distributee of theestate, shall be discharged until obligations as garnishee shall havebeen satisfied in compliance with the order of garnishment and any furtherorders of the court from which said order of garnishment was issued.
History: L. 1939, ch. 180, § 116; L. 1972, ch. 222,§ 14; March 25.