Knowles v. Kasiska

Action by residuary legatee on the bond of executor to recover her share and that of another legatee distributed to them by decree of the probate court. The cause was tried upon the complaint as amended and a second or amended answer, to a jury, and, at the conclusion of the testimony, both plaintiff and defendants moved for an instructed verdict. The court thereupon instructed a verdict for plaintiff. The executor was not served with process, and the defendant sureties appeal from the judgment. Appellants offered no testimony.

The principal contention is that the sureties are not liable…