Massachusetts Statutes

Section 23. If an act or proceeding of a person acting as executor, administrator, guardian, conservator, trustee, receiver, commissioner or in any other fiduciary capacity under an appointment or license of a probate court is void or voidable by reason of an irregularity or of w…

Section 24. If the authority or validity of an act or proceeding of the probate court or of a person acting as executor, administrator, guardian, conservator, receiver, commissioner or other fiduciary officer appointed by the probate court, or trustee is drawn in question by reas…

Section 25. An executor, administrator, guardian, conservator, trustee, receiver, commissioner or other fiduciary officer appointed by the probate court whose appointment is invalid by reason of an irregularity or of want of jurisdiction or authority in the court which made it, s…

Section 26. If an executor, administrator, guardian, conservator, trustee, receiver, commissioner or other fiduciary officer appointed by the probate court, or a person employed by him to give notice of sale of real estate, has failed to file an affidavit of such notice in the pr…

Section 27. A power of appointment, whether or not coupled with an interest, and whether or not existing at the time this section takes effect, and whether the power is held by the donee in an individual or in a fiduciary capacity, may be released, wholly or partially, by the don…

Section 28. A power releasable according to section twenty-seven, or under common law, may be released, wholly or partially, by the delivery of a written release executed by the donee of the power for consideration or under seal to any person who could be adversely affected by th…

Section 29. A release executed by the donee of a power releasable according to section twenty-seven, or under common law, and delivered or filed in accordance with the first sentence of section twenty-eight, shall, subject to the second sentence of section twenty-eight, be effect…

Section 30. If a power of appointment releasable according to section twenty-seven, or under common law, is or may be exercisable by two or more persons in conjunction with one another or successively, a release of the power, in whole or in part, executed, and delivered or filed,…

Section 31. The word ''release'', as used in sections twenty-eight to thirty, inclusive, shall include (1) an instrument wherein the person who executes it in substance states that he wholly releases, or agrees in no respect to exercise or participate in the exercise of, a power …

Section 32. Release of a power of appointment otherwise releasable shall not be prevented merely by provisions in restraint of alienation or anticipation contained in the instrument creating the power.

Section 33. Sections twenty-seven to thirty-two, inclusive, shall so far as possible be deemed to be declaratory of the common law of this commonwealth. Said sections shall be liberally construed so as to effectuate the intent that all powers of appointment whatsoever shall be re…

Section 35. Nothing in sections twenty-seven to thirty-four, inclusive, shall prevent the release in any lawful manner of any releasable power of appointment or the disclaimer in any lawful manner of any power of appointment.

Section 36. If any of the provisions in sections twenty-seven to thirty-five, inclusive, shall be held invalid or unconstitutional in relation to any of the applications thereof, such invalidity or unconstitutionality shall not affect other applications thereof, or other provisio…

Section 4. An executor, administrator, guardian, conservator or trustee may, after the notice required upon a petition by him for a license to sell real estate, be authorized by the probate court to release and discharge, upon such terms and conditions as may appear to be proper,…

Section 5. An executor, administrator, guardian, conservator or trustee may be authorized by the probate court, after notice to all persons interested, to sell and convey or release upon such terms and in such manner as the court may order, lots in cemeteries belonging to the per…

Section 6. A mortgage given by an executor, administrator, guardian, conservator or trustee under license of court may contain a power of sale, and every such mortgage shall state that it is made under license of court and the date of such license.

Section 7. All proceedings in probate courts relative to sales by a foreign executor, administrator, guardian, conservator or trustee shall be in the county where an authenticated copy of his appointment is first filed.

Section 8. No license to sell by an executor, administrator, guardian, conservator or trustee shall be in force for more than one year after the granting thereof, except as provided in section eighteen of chapter two hundred and two.

Section 9. In every sale of the real estate of a deceased person or a ward by an executor, administrator, guardian or conservator, the surplus of the proceeds remaining on the final settlement of the accounts shall be considered as real estate, and shall be disposed of to the sam…

Section 1. A receiver of an absentee, and, unless otherwise expressly provided, a guardian before entering upon the duties of his trust, shall give bond with sufficient sureties, in such sum as the probate court may order payable to the judge of said court and his successors, and…

Section 10. No bond required to be given to a judge of probate or to be filed in a registry of probate shall be sufficient, unless it has been examined and approved by the judge or register, and his approval over his official signature written thereon.

Section 11. Two or more persons acting jointly as executors, administrators, trustees or otherwise, who are required to give bonds, may give either separate or joint bonds.

Section 12. If two or more persons are appointed executors, none shall intermeddle or act as such but those who give bond as before provided.

Section 13. If a license or authority to sell or mortgage real estate is granted to an executor, administrator, guardian, conservator or trustee, no special bond shall be required; but if the court finds the bond already given by him insufficient, it shall, before granting such l…

Section 14. If the sureties or the penal sum in a probate bond are insufficient, the supreme judicial court or the probate court may, after notice to the principal in such bond, require a new bond with such surety or sureties and in such penal sum as the court orders.

Section 15. A surety on a probate bond may, upon the petition of the surety or of the principal to the supreme judicial court or the probate court, be discharged from all further responsibility, if the court, after notice to all persons interested, finds such discharge reasonable…

Section 16. If, in the cases specified in the two preceding sections, the principal does not give such new bond within such time as the court orders, he shall be removed from his trust, and another person appointed in his stead.

Section 17. If a new bond is required as above provided, the sureties on the prior bond shall be liable for all breaches of the condition thereof committed before the new bond is approved by the judge.

Section 18. If a surety company becomes surety on a probate bond, the court may, upon the petition of any party in interest and after notice, reduce the penal sum in which the principal and surety shall be liable for subsequent violations of the conditions thereof.

Section 19. In case of the marriage of a woman who is an executrix, administratrix, guardian, conservator or trustee, her sureties shall, upon petition to the probate court in which her bond is filed, be released from further liability thereon, beyond accounting for and paying ov…

Section 19A. Any receiver, assignee, guardian, conservator, trustee, executor, administrator or other fiduciary, or party from whom a bond is required, may agree and arrange with his sureties for the deposit for safekeeping of any or all moneys, assets, and other property for whi…

Section 20. A bond given by an executor or administrator for the performance of his trust may be put in suit by a creditor of the deceased for his own benefit, when such creditor has recovered judgment for his debt against the executor or administrator and he has neglected upon d…

Section 21. A creditor of an estate which has been represented insolvent may bring such action if the amount due him has been ascertained by the decree of distribution, and the executor or administrator neglects upon demand to pay it.

Section 22. Such action may be brought by a person who is next of kin to recover his share of the personal property after a decree of the probate court ascertaining the amount due him, if the executor or administrator neglects upon demand to pay it.

Section 23. If the probate court, upon the representation of a person interested in an estate, finds that the executor or administrator has failed in any manner not specified in the three preceding sections to perform the conditions of his bond, it may authorize any creditor, nex…

Section 24. If a judge of probate is obligor, either as principal or as surety, in a bond given to a former judge of the court, any action authorized by this chapter may be brought upon such bond in the name of the judge mentioned therein or in the name of his executor or adminis…

Section 25. The wife of a judge of probate may be a defendant in an action upon a bond given to him or to his predecessor in such office.

Section 26. In every action on a bond under sections twenty, twenty-one and twenty-two, the writ shall be endorsed by the persons for whose benefit or at whose request the action is brought or by their attorney, and the endorsers shall be liable for the costs of suit, and executi…

Section 27. If the principal in the bond is a resident of the commonwealth at the commencement of the action, and is not made a defendant therein or is not served with process, the court may, at the request of any of the sureties, continue or postpone the action so long as may be…

Section 28. The sureties may take out a writ, in such form as the court may prescribe, to arrest the principal or to attach his goods or estate, and to summon him to appear and answer as defendant in the original action. If, after being served with such process fourteen days at l…

Section 29. Except as otherwise provided, a bond given by a guardian, conservator, trustee, receiver, commissioner or other fiduciary officer may be put in suit by order of the probate court for the benefit of any person interested, and the proceedings in such action shall be con…

Section 30. An action on a bond payable to a judge of probate shall be brought in the superior court held for the county where the bond was taken.

Section 31. If the court finds that there has been a breach of the condition of the bond of an executor or administrator, it shall, upon a hearing in equity, award execution in the name of the plaintiff as follows: First, If the action is brought for the benefit of a creditor, ex…

Section 32. If an execution awarded under the preceding section is expressed to be for the use of a particular person, such person shall be considered as the judgment creditor, and may cause it to be levied in his name and for his benefit, as if the action had been brought and th…

Section 33. If such execution is awarded without expressing it to be for the use of any particular person, all money received thereon shall be paid to the co-executor or co-administrator, if any, or to the person who is then the rightful executor or administrator, and shall be as…

Section 34. If, after execution has once been awarded in an action upon a bond, the executor or administrator commits a new breach of the condition of the bond, or if a creditor, next of kin, legatee or other person interested in the estate has a claim for further damages on acco…