§ 33-17-12 - Release of surety – New surety – Action by surety against principal. - Rhode Island Statutes

SECTION 33-17-12

   § 33-17-12  Release of surety – Newsurety – Action by surety against principal. – Upon a bond taken by a probate court, the surety, or his or her heirs,executors, or administrators, may at any time make written application to thecourt for relief from further liability on the bond, and thereupon the courtshall cause reasonable notice of the application to be given to the principalon the bond and to all persons whom the court shall find to be directlyinterested in the estate for the security of which the bond was given, toappear and be heard upon the application. If it appears that the petition canbe granted without prejudice to the estate, the court may order the principalto give, within such time as it may limit, a new probate bond; and if the orderis not complied with, may remove him or her and appoint a successor. If the newbonds be duly given and approved, the surety on the original bond and his orher representatives shall not be liable for any breach thereafter committed,nor shall the surety or sureties on the succeeding bond be liable for anydefault occurring prior to the approval of the new bond. In any case where thesurety upon any bond has become liable on the bond, he or she shall haveliberty to institute any proper suit against his or her principal for his orher protection.