2010 Mississippi Code
TITLE 91 - TRUSTS AND ESTATES
Chapter 7 - Executors and Administrators.
91-7-41 - Oath and bond of executor or administrator with will annexed.
§ 91-7-41. Oath and bond of executor or administrator with will annexed.
Every executor or administrator with the will annexed, at or prior to the time of obtaining letters testamentary or of administration, shall take and subscribe the following oath, viz.:
"I do swear that the writing exhibited by me is the true last will and testament of ________, as far as I know and believe, and that I, if and when appointed as executor, will well and truly execute the same according to its tenor, and discharge the duties required by law." In the case of an administrator with the will annexed, then say "I, as administrator, will," and "when appointed as administrator, will" etc.
He will also give bond in such penalty as will be equal to the full value of the estate, and with such sureties as may be approved of by the court or by the clerk, payable to the state, with the following conditions, viz.:
"The condition of this bond is, that if the above bound ________, as executor of the last will and testament of ________, shall well and truly execute the will as far as the same may be consistent with law, and faithfully discharge all the duties required of him by law, then this obligation shall be void." If the obligor be administrator with the will annexed, then say "the above bound ________, as administrator with the will of ________ annexed, will," etc.
Sources: Codes, Hutchinson's 1848, ch. 49, art. 1 (33); 1857, ch. 60, art. 53; 1871, § 1109; 1880, § 1981; 1892, § 1834; 1906, § 2009; Hemingway's 1917, § 1674; 1930, § 1618; 1942, § 514; Laws, 2001, ch. 422, § 1, eff from and after July 1, 2001.
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