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Missouri Revised Statutes

Mo. Rev. Stat. § 473.217 (2026)

Action on bond generally

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  473.217.  Action on bond generally. — The bond of an executor or administrator may be sued on at the instance of any party injured, in the name of the state, to the use of such party, for waste or mismanagement of the estate, or other breach of the conditions of the bond; and damages shall be assessed thereon as on bonds with collateral conditions.

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(RSMo 1939 § 281, A.L. 1955 p. 385 § 92)

Prior revisions: 1929 § 282; 1919 § 280; 1909 § 287

(1963) Suit for accounting by heir at law against originally appointed administratrix, the succeeding administrator de bonis non, surety on bond of administratrix was properly brought in heir's own name since plaintiff's case was bottomed on allegations of fraud occurring after the surety had performed its obligation under the bond by paying sum to the estate and cause of action was one personal to plaintiff. Stark v. Cole (A.), 373 S.W.2d 473.

Notes of Decisions
Cited in 3 cases, 1963–1970 · leading case: Stark v. Cole, 373 S.W.2d 473 (Mo. Ct. App. 1963).
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Stark v. Cole, 373 S.W.2d 473 (Mo. Ct. App. 1963). · cites it 2× “Defendants base their contention that the suit should have been brought in the name of the state on argument that it is an action on the administratrix’s bond, governed by Section 473.217 V.A.M.S., which provides that “The bond of an executor or administrator may be sued on at…”
State ex rel. Cmty. Heating & Air Conditioning Co. v. Schwartz, 452 S.W.2d 243 (Mo. Ct. App. 1970). · cites it 2× “Section 473.217, V.A.M.S., states: “The bond of an executor or administrator may be sued on at the instance of any party injured, in the name of the state, to the use of such party, for *247 waste or mismanagement of the estate, or for other breach of the conditions of the bond;…”
State Ex Rel. Cmty. Heat. & Ac Co. v. Schwartz, 452 S.W.2d 243 (Mo. Ct. App. 1970). · cites it 2× “Section 473.217, V.A.M.S., states: "The bond of an executor or administrator may be sued on at the instance of any party injured, in the name of the state, to the use of such party, for *247 waste or mismanagement of the estate, or for other breach of the conditions of the bond;…”
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