39Liability of executor or administrator neglecting to apply for

39 Liability of executor or administrator neglecting to apply for rescission of special administration If the executor or administrator neglects to apply for an order for the rescission of the special administration, he or she shall, notwithstanding that the special administration remains unrescinded, be liable to answer and make good all claims and demands against the estate of the deceased person to the extent of the assets which have come to his or her hands or which might have come to his or her hands but for his or her wilful neglect, or default, including the neglect mentioned in this section.