Peoples Nat. Bank v. Guier

Opinion of the Court by

Stanley, Commissioner

Affirming in part and reversing in part.

There are two questions presented, namely, (1) whether a devisee and creditor of a decedent’s estate may join by amendment to their petition seeking a settlement of the estate an action against a depository bank and the creditors of a discharged executor to recover funds wrongfully paid by him; and (2) whether the bank is liable for the whole amount because it honored checks of the executor given in payment of his personal debts.

Richard G. Sommers made certain bequests, including $500 to Mrs. Lorena Gruier,…