Bemboom v. National Surety Corp.

Plaintiffs contend that, although the alleged heir at law and devisees did not prove a case, the administrator de bonis non is entitled on this record to recover against the surety on the deceased administrator's bond on the alleged devastavit. The answer to the question now for the first time presented rests in a determination of the problem as to in whom and against whom a cause of action arises when such a devastavit is committed.

At common law, to an administrator de bonis non was committed only the administration of such goods, chattels, and credits of the deceased as had not been…