The Law And Practice of Probate Courts in the State of Michigan : Including the Entire Probate Statutes, Reprinted And Rearranged, With Notes Under Each Section Showing the Practice And Decisions of the Courts in Connection With the Same : With a Complete

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Olm- stead, 6 Pick, 481. Where an administrator is licensed to sell PROBATE BONDS. 257 only so much real estate as is necessary to pay debts no bond is required by statute, and if a bond is given it cannot be prosecuted.
Fay v. Valentine, 8 Pick., 526. There must be a breach of some of the conditions of a bond before the court can authorize suit to be commenced. Loring v. Kendall, 1 Gray, 305. A devisee of real estate, where the devise rests upon a condition subsequent, cannot bring an action o
...n the bond. Stevens v. Cole, 7 Cush., 467. It is not a breach of tbe bond to refuse to comply with a void decree of the probate court. Hancok v. Hubbard, 19 Pick., 167; Davis v. Head, 3 Pick., 128.
Where the executor is appointed trustee in the will, but only gives bond as executor, he will be liable for the trust fund on his bond as executor. Prior v. Talbot, 10 Cush., 1; Dorr v. Wain- right, 13 Pick., 328.
1418 (4522.) Sec. 5. Whenever an executor or administrator WhcI1 exec .
shall refuse or omit to perform any order or decree made by a "£» refuse judge of probate having jurisdiction, for rendering an account, or q"^ £™ d upon a final settlement, or for the payment of debts, legacies, or may esue ' distributive shares, such judge of probate may cause the bond of such executor or administrator to be prosecuted, and the moneys collected thereon shall be applied in satisfaction of such order or decree, in the same manner as such moneys ought to have been applied by such executor or administrator.


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