Section 33 New trustee; bond - Massachusetts Statutes

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 27. See 2008, 521, Sec. 44.]

Section 33. Upon the transfer in pursuance of such decree to each of such new trustees of his portion of the trust estate or fund, he shall give bond to be filed in the court in said case, in such sum and with or without sureties as the court may order, to the judge of said court and his successors in office and with condition substantially that he will pay and deliver to such absentee, if living, or to any persons claiming under him, as his heirs at law or as named in his will as recipients of such trust estate under the exercise of any power of appointment by the said absentee or persons otherwise claiming the fund, the fund which such trustee has received, with the accumulations thereof, if any, less reasonable disbursements and compensation, if in the suit on said bond such absentee or other person shall be found to be lawfully entitled to said trust estate or fund. Such bond may be put in suit by such absentee or other persons for his or their own benefit. In every action on such bond 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 the suit, and execution therefor shall be issued against them and not against the judge of said court.