State v. Gallagher

The single question in this case is, whether a vacant succession administered by a curator is liable on a bail bond for the appearance of a party under indictment, subscribed by the deceased intestate as surety, but not forfeited until after his death.

It is asserted by the appellants, that the obligation of a surety on such a bond, is a strictly personal obligation, not heritable by his heirs or binding on his vacant succession ; and this position is sought to be fortified by assuming that a curator of a vacant succession has no power under the law, to surrender in court the party for whom…