Fulgham v. Herstein
Supreme Court of Alabama
Bill in Equity l)y Ward, against Personal Representative of Deceased Surety on Guardian!s Bond, for Account and Settlement. Appeal from the Chancery Court of Madison. Heard before the Hon. ,N- S. Graham.
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Bill in Equity l)y Ward, against Personal Representative of Deceased Surety on Guardian!s Bond, for Account and Settlement. Appeal from the Chancery Court of Madison. Heard before the Hon. ,N- S. Graham. The bill in this case was filed'on the 10th November, 1884, by John B. Eulgham, an infant, who sued by his next friend, against Mrs. Bosa Herstein, as the' executrix of the last will and testament of her deceased husband, Bobert Herstein ; and sought to compel an account and settlement of the guardianship of the complainant by Leroy P. Walker, deceased, on whose official bond as- guardian…
1Opinion of the CourtClopton, J.
The record presents the single question, whether the personal representative of a deceased guardian, whose estate is alleged to be insolvent, is a necessary party to a bill in equity brought by the ward against the executrix of the surety on the guardian’s bond, for a settlement of the guardianship, and for the payment of whatever sum may be ascertained to be due.
Independent and exclusive of statute, the general rule is, that in cases of joint bonds or obligations, all the obligees and obligors must be made parties to the bill. “It has been said, that in regard to the obligors this is only a…
2Cases cited5 opinions
- Teague v. CorbittSupreme Court of Alabama · 1877
- Watts v. GayleSupreme Court of Alabama · 1852
- Frierson v. TravisSupreme Court of Alabama · 1863
- Young v. LyonsCourt of Appeals of Maryland · 1849
- Snedicor v. CarnesSupreme Court of Alabama · 1845
3Cited by5 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Sparr v. Globe Surety Co.Supreme Court of Kansas · 1917
- Slater v. McAvoyCalifornia Supreme Court · 1899
- Keith v. McCordSupreme Court of Alabama · 1903
- United States Fidelity & Guaranty Co. v. SinclairSupreme Court of Alabama · 1921