If an administrator or executor fails or refuses to pay over moneys or dividends to the party entitled thereto upon the proper order of the court within a reasonable time fixed by the statute, such refusal gives action upon his bond against his sureties.51

(a) A demand for the payment of any sum claimed to be due from the administrator or the estate, must be made upon the administrator before the bringing of suit. Death of the administrator, or his removal from the State, thereby making the demand impossible, need not be alleged.52