Unless a provision appears in the will, it is necessary under the statutes of the respective states for the executor to give a bond for the faithful performance of his duties. The bond must have good and sufficient security to be acceptable to the court.40 This is a protection which the law affords to those interested in the estates of decedents. It is a safeguard of their rights. The conditions of the bond are that the particular named executor will perform his duties, collect the estate, administer the funds, pay the debts and render proper accounts and make final distribution according to the terms of the will and the directions of the statutes: In general, to do all acts which may be necessary or required of him by law for the benefit of the estate. It is required that the bond shall be signed and sealed by the executor and his sureties, and after it has been approved by the clerk or judge of the court it is filed in the clerk's office and spread at large upon the records thereof. The penalty of the bond is fixed at double the value of the personal estate. This provision of the law is frequently overcome by the will of the testator if he leaves estate which is more than sufficient to meet all his obligations, and by his will directs that no bond shall be required of the executor; no security need then be given. The court is possessed, however, of a discretionary power under which it may compel the executor to execute such security as it shall deem sufficient. This may be done of its own motion, or at the request of legatees and creditors who fear that the executors may act unlawfully, or that the property will not be sufficient to pay the debts.

43 West vs. Waddele, 33 Ark., 575;

McDonald vs. Holdom, 99 Ill.

App., 656. 44 Marsh vs. People, 15 Ill., 284.

45 Hanifan vs. Needles, 108 Ill.. 403. 46 Gardner vs. Garrett, 19 Ala., 66;

Bankhead vs. Hubbard, 14

Ark.. 298.