State ex rel. Foster v. Swarts

Foster and wife are the relators. They sued Daniel Swarts and his sureties, as the executor of John Swarts, deceased, on his bond. The breach alleged is the failure to pay a legacy of 50 dollars, which the testator by his will left to his daughter, Elizabeth Foster. It is further averred, that in settling with the Court, the executor retained this legacy in his hands; and that when afterwards demand was duly made, he refused to pay, &c.

Answer, that afterwards Foster and wife, by letter of attorney duly signed, &c., constituted and appointed one John Regle their attorney in fact, for them and…