434

SETTLEMENT OF DECEDENTS' ESTATES. [ART. 50.

minitrator
1 Md 197,
14 Md 8

Revocation of
authority, etc

the estate by any executor or administrator, he shall make complaint
to the Orphans' Court, and if the same shall be adjudged well
founded, the court shall have authority in their discretion to revoke
the powers and authority of the executor or administrator so com-
plained of, and to enforce by attachment and commitment if neces-
sary, the surrender and delivery to the remaining executor or ad-
ministrator of the assets, and of all book accounts and evidences
of debt of the estate that may be in the possession or control of the
person so dismissed from the administration, and the remaining
executors or administrators shall have remedy by an action on the
case for the recovery of any loss or damage they may be subject
to, or suffer by the executor or administrator whose powers shall
have been revoked as aforesaid.

Id. s 242.
1831 c 315, s 6
Account on re-
vocation of
administration,
or of guardian-
ship
37 Md 429

17. Whenever the Orphans' Court shall revoke letters testamen-
tary, or of administration, or of guardianship, it shall be the duty
of the party whose letters or guardianship may he revoked, forthwith
to render to such court an account of his administration or guardian-
ship, up to the period of the rendition of such account, and in case
he shall fail to do so within the time fixed by such court, the court
may compel the rendition of such account by attachment, sequestra-
tion of property, and imprisonment of the party so failing, until
such account shall be rendered as aforesaid.

Id s 243.
1831, c 315, s 7
When new
administrator
appointed.

18. When any Orphans' Court shall revoke any letters testamen-
tary, or of administration, and there be no remaining executor or
administrator, it shall be the duty of the court to appoint a new ad-
ministrator; and if the party whose letters testamentary or of ad-
ministration may be revoked, shall not, within a reasonable time to

Court may com-
pel delivery of
property.

be fixed by the court, deliver over to such new administrator, or to
the remaining executor or administrator, as the case may be, all the
property of the deceased remaining in his hands unadministered,
and also all the books, bonds, notes, and evidences of debt, or funds,
and all title to property or stocks, which belong to, or are due, or
which may become due to the decedent, in his possession, and also
pay over to such new administrator, or remaining executor or ad-
ministrator of the decedent, all the money due to him as executor
or administrator of the decedent, the court may compel the delivery
and payment over as aforesaid by attachment and sequestration of
the property of the party whose letters may be revoked, and may
also direct to be put in suit the administration or testamentary
bond of such executor or administrator whose letters have been re-
voked.

Id s 244
1821, c 156, s 1
Appointment of
trustee to sell
where trustee,
under special
act, has died or
removed

19. In all cases where special acts of Assembly have been passed,
authorizing any Orphans' Court to appoint a trustee to sell and dis-
pose of real estate, the property of Illinois, and the trustee appointed
hath died or removed without completing his trust, the Orphans'
Court of the proper county shall appoint another trustee to carry
into effect the provisions of the particular act.