§ 33-23-7. Transfer of estate pending appeal from decree removing fiduciary.
A decree of a probate court removing an executor, administrator or guardian shall have effect, notwithstanding an appeal, until otherwise finally determined on appeal. The probate court may in this case appoint a successor to the person removed, to whom, when qualified, the person removed shall promptly deliver all the property held by him or her as executor, administrator, or guardian, and the successor shall proceed in the performance of his or her duties in like manner as if no appeal had been taken. But if the decree or removal is reversed by final decree, the powers of the successor shall cease, and he or she shall promptly deliver to his or her predecessor in the trust, or to such person as the court may order, all property of the estate in his or her possession.
History of Section.C.P.A. 1905, § 810; G.L. 1909, ch. 311, § 15; G.L. 1923, ch. 362, § 15; G.L. 1938, ch. 573, § 15; G.L. 1956, § 33-23-7.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-23 - Judicial Review of Probate Court Orders and Decisions
Section 33-23-1. - Filing of claim of appeal, record, and reasons.
Section 33-23-2. - Suspension of order or decree pending appeal.
Section 33-23-3. - Effect of appeal from granting of letters.
Section 33-23-4. - Sale of tangible personal property pending appeal.
Section 33-23-5. - Sale of personalty in general pending appeal.
Section 33-23-6. - Powers over real estate pending appeal.
Section 33-23-7. - Transfer of estate pending appeal from decree removing fiduciary.
Section 33-23-8. - Notice of appeal.
Section 33-23-9. - Assignment day.
Section 33-23-10. - Assignment for hearing.
Section 33-23-11. - Failure to file appeal claimed.
Section 33-23-13. - Discontinuance of appeal.
Section 33-23-14. - Modification of decrees after discontinuance of appeal.
Section 33-23-15. - Want of jurisdiction — Amendments to supply defects.
Section 33-23-16. - Correction of want of notice.
Section 33-23-17. - Consolidation of appeals — Addition of parties.
Section 33-23-18. - Affirmance, reversal, or entry of new decree.
Section 33-23-19. - Transmission of final decree to probate court.
Section 33-23-20. - Conclusiveness of advice or direction of probate court.