§ 1558 - Creditor may act
§ 1558. Creditor may act
When there is a deficiency of assets in the hands of an executor or administrator, and when the deceased person made, in his lifetime, such fraudulent conveyance of his real estate or of a right or interest therein, by license of the probate court, any creditor of the estate may commence and prosecute to final judgment an action, for the recovery of the same in the name of the executor or administrator. Such creditor may recover for the benefit of the creditors such real estate or interest therein, so conveyed, and for the benefit of the creditors, by license of the probate court, may sue and recover, in the name of the executor or administrator, for all goods, chattels, rights or credits conveyed by the deceased in his lifetime by a fraudulent or void conveyance. Such action shall not be commenced until the creditor files in the probate court a bond with sufficient sureties conditioned to indemnify the executor or administrator against the costs of such action.