Massachusetts General Laws
Chapter 205 - Bonds of Executors, Administrators, Guardians, Conservators, Trustees and Receivers
Section 31 - Form of Execution

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

Massachusetts General Laws

Part II - Real and Personal Property and Domestic Relations

Title II - Descent and Distribution, Wills, Estates of Deceased Persons and Absentees, Guardianship, Conservatorship and Trusts

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 19a - Joint Control of Trust Estates; Agreements Between Fiduciaries and Sureties; Authorization

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 24 - Judge as Obligor

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