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General Laws

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, execution shall be awarded for the use of the creditor for the amount due him upon the judgment which he has recovered, or upon the decree of distribution in his favor.

Second, If the action is brought for the benefit of a person who is next of kin, execution shall be awarded for the use of such person for the amount due him according to the decree of the probate court.

Third, If the action is brought for a breach of the condition in not accounting for the estate as required by law, execution shall be awarded, without expressing that it is for the use of any person, for the full value of all the estate of the deceased which has come to the hands of the executor or administrator and for which he does not satisfactorily account, and for all damages caused by his neglect or maladministration.

Fourth, If the action is brought for any other breach of the condition of the bond, execution shall be awarded for such amount and for the use of such person or persons, or without expressing it to be for the use of any particular person, as the court determines.

Fifth, If there are two or more persons for whose use execution is to be awarded as provided in this section, a separate execution shall be issued for the amount due each.

Sixth, The execution shall include costs of suit, as well as the debt or damages; and if there is more than one execution, costs shall be divided between them as the court orders.

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