Executor neglecting to give bond.
Section 646
SEC. 646. Executor neglecting to give bond. — No person named executor in a will, who refuses to accept the trust, or neglects to give a bond, for twenty days after the allowance of such will, shall intermeddle or act as executor, and in case of such neglect to accept, or refusal to give bond, the court may grant letters testamentary to the other executors who are capable and willing to accept the trust; and if there is no other executor who will give a bond, administration shall be granted with the will annexed, to the person who would have been entitled to the same if the testator had died intestate.