Glen Falls Indemnity Co. v. Golden

HOLTZOFF, District Judge.

This is an action to reach assets of a decedent’s estate claimed to have been misappropriated by the executor of that estate. The suit is brought by the surety on the executor’s bond, the surety having made good the defalcation, and therefore being subrogated to the rights .of the estate. The assets sought to be reached consist of a residence purchased by the executor and his wife as tenants by the entirety, it being claimed that part of the purchase price of the property was paid with misappropriated funds.

The defendants originally named were the executor and his…