§ 808. Liability of surety for assets received by principal in another

fiduciary capacity

1. A fiduciary is liable for money or other personal property of the
estate which was in his hands or under his control when his letters were
issued or when he began to serve as lifetime trustee in whatever
capacity it was received by him or came under his control.

2. Where the money or property was received by him or came under his
control by virtue of letters previously issued to him or his previous
appointment as lifetime trustee in the same or another capacity an
action to recover the money or damages for failure to deliver the
property may be maintained upon both bonds, but as between the sureties
upon the bond given upon the issue of the prior letters or upon his
prior appointment and those upon the bond given upon the issue of the
subsequent letters or upon his subsequent appointment the latter are
liable over to the former.