Rule 81. BONDS OF EXECUTORS AND ADMINISTRATORS

Question 1

What is the purpose ofadministration?

Answer 1

The purpose of administration is the liquidation of the estate and distribution of the residue among the heirs and legatees

Question 2

What is the purpose ofadministration?

Answer 2

The purpose of administration is the liquidation of the estate and distribution of the residue among the heirs and legatees

Question 3

Grounds For Removal of an administrator

Answer 3

The grounds for removal of an administrator are as follows:
a. Neglects to render an account and settle the estate ac­
cording to law;4
b. Neglects to perform an order or judgment of the court;
c. Neglects to perform a duty expressly provided by these rules;
d. Absconds, or becomes insane, or otherwise incapable or unsuitable to discharge the trust.

Question 4

Is temporary absencea ground for reman?

Answer 4

Temporary absence in the state does not disqualify one to be an administrator of the estate. Thus, as held In re McKnighfs Will, a temporary residence outside of the state, maintained for the benefit of the health of the executor’s family, is not such a removal from the state as to necessitate his removal as executor.

Question 5

Is temporary absencea ground for reman?

Answer 5

Temporary absence in the state does not disqualify one to be an administrator of the estate. Thus, as held In re McKnighfs Will, a temporary residence outside of the state, maintained for the benefit of the health of the executor’s family, is not such a removal from the state as to necessitate his removal as executor.

Question 6

Grands for removal are exclusive.

Answer 6

False. The grounds enumerated by the foregoing rule are not exclu­ sive. Thus, where the appointment of an administrator was pro­ cured thru false or incorrect representations, the power of the pro­ bate court to revoke the appointment on that ground is beyond ques­ tion.

Question 7

The order of removal is appealable.1

Answer 7

True-The order of removal is appealable.1