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.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers
Section 1 - Bond of Receiver of Absentee or Guardian
Section 6a - Surety Not Required on Bonds Filed by National Banks
Section 9 - Sureties on Bonds; Requirements
Section 10 - Approval by Judge or Register
Section 11 - Joint Fiduciaries; Joint or Separate Bonds
Section 12 - Joint Executors; Failure to Give Bond; Effect
Section 13 - Fiduciary; License to Sell or Mortgage Realty; Additional Bond
Section 14 - Insufficiency of Sureties; New Bond
Section 15 - Discharge of Sureties; New Bond
Section 16 - Failure to Give New Bond; Effect
Section 17 - Sureties on Prior Bond; Liability
Section 18 - Penal Sum of Bond; Reduction
Section 19 - Woman Fiduciary; Effect of Marriage
Section 20 - Actions Upon Bonds by Creditors
Section 21 - Creditors; Amount Due Ascertained by Decree of Distribution
Section 22 - Actions Upon Bonds by Next of Kin
Section 23 - Actions Upon Bonds by Person Aggrieved by Maladministration of Fiduciary
Section 25 - Wife of Probate Judge as Obligor
Section 26 - Endorsement of Writ
Section 27 - Obligor; Summoning
Section 28 - Obligor; Failure to Appear; Effect
Section 29 - Actions Upon Bonds Given by Guardians, Conservators, Trustees or Other Fiduciary
Section 30 - Venue for Actions Upon Bonds
Section 31 - Form of Execution
Section 32 - Execution for Use of Particular Person; Procedure
Section 33 - Execution for Undesignated Persons; Procedure
Section 34 - New Breach; Effect
Section 35 - Bond of Guardian or Conservator; Limitation of Action Against Sureties