Kelly v. Herrick

The questions to be determined in this case arise upon the following facts: William 0. Edmands was formerly guardian of Dwight F. Boyden; and James F. Edmands and John J. Rayner .were sureties on his bond as guardian. William 0. Edmands became insolvent and resigned his trust, and the plaintiff was appointed guardian in his place. At the time of his resignation he was largely indebted to the estate of his ward, and his sureties were called upon to pay to the plaintiff the balance due from him to the ward’s estate. They were unable to pay, and a compromise was entered into with the permission…