Wiren v. Nesbitt and Richardson, Exrs.

COLLARD, Judge,

Section A.—This suit was brought by appellant against Nesbitt and Richardson, appellees, as principals, and other appellees as sureties, on their official bond as executors of the will of William Emmerson, administered in the Probate Court of Mitchell County.

Plaintiff below was a creditor of the estate and owner of an unpaid claim, which had been allowed and approved and assigned to the fourth class. The right to sue on the bond is predicated on averments that the final account of the executors, showing that all the estate had been consumed in payment of first, second, and…