91-7-85 - Removal and surrender of trust.
§ 91-7-85. Removal and surrender of trust.
Every executor or administrator may be removed if he become disqualified, or for improper conduct in office, at the instance of any person interested, on five days' notice to such executor or administrator; or may surrender the trust, and thereupon shall give the proper notice to the distributees or legatees and settle with the court. In case of removal or resignation, administration shall be granted as in case of the death of the executor or administrator, and with like effect. An executor or administrator who may be removed, or who may surrender his trust, shall continue to be answerable to the court until his final settlement and satisfaction be made, and until that time shall be liable on his bond.
Sources: Codes, 1857, ch. 60, art. 67; 1871, § 1122; 1880, § 2008; 1892, § 1860; 1906, § 2035; Hemingway's 1917, § 1700; 1930, § 1640; 1942, § 536.