In any case where an executor or administrator shall die without having made a final settlement of his or her administration and a successor is appointed, such succeeding executor or administrator or the heirs and distributees, legatees, or cestui que trust may, by petition to the court in which such estate is pending, have an order requiring the sureties on such bond to make settlement of such estate in said court after 10 days’ notice of the day fixed by the court or judge thereof.
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