Oklahoma § 58-176 - Justification of sureties - Approval of bond - Examination

§ 58-176. Justification of sureties - Approval of bond - Examination

of sureties.

In all cases where bonds are required to be given, under this

title, the officer taking the same must require the sureties to

accompany it with an affidavit that they are each residents and

householders or freeholders within the state, and are each worth the

sum specified in the bond, over and above all their just debts and

Oklahoma Statutes - Title 58. Probate Procedure

liabilities, exclusive of property exempt from execution; but when

the amount specified in the bond exceeds One Thousand Dollars

($1,000.00), and there are more than two sureties thereon, they may

state in their affidavits that they are severally worth amounts less

than that expressed in the bond, if the whole amount be equivalent

to that of two sufficient sureties, and the affidavits thereof must

be attached to, and filed and recorded with the bond. All such

bonds must be approved by the judge of the district court before

being filed and recorded. Before the judge of the district court

approves any bond required under this title, and after its approval

he may of his own motion, or upon the motion of any person

interested in the estate, supported by affidavit that the sureties

or some one or more of them are not worth as much as they have

justified to, issue a citation, requiring such sureties to appear

before him, at a designated time and place, to be examined touching

their property and its value; and the judge must, at the same time,

issue a notice to the executor or administrator, requiring his

appearance on the return of the citation, and on its return he may

examine the sureties and such witnesses as may be produced, touching

the property of the sureties and its value; and if, upon such

examination, he is satisfied that the bond is insufficient, he must

require sufficient additional security.

R.L.1910, § 6269.