Moore v. State ex rel. Atkinson

I dissent from so much of the foregoing opinion as holds that the appellant became the surety of his co-administrator. He executed the bond as a principal, and not as a surety, and he cannot be held liable as a surety.

Besides, the bond cannot be regarded as a common law obligation, as it and its form are prescribed by statute. It is provided, by the nineteenth section of the act for the settlement of decedents’ estates, 2 G. & H. 489, that “ every person appointed executor, administrator with the will annexed, or administrator, before receiving letters, shall execute a separate bond, with…