State ex rel. Wyant v. Wyant

Buskirk, C. J.,

dissented from so much of the opinion as held that the appellant became the surety of his co-administrator : “ He executed the bond as a principal, and not as a surety, and he can not be held liable as a surety.” After quoting the language, in part, of section 19 of the decedents’ estates act,. the learned Judge added : “ The statute imperatively requires a separate bond for each executor or administrator. The bond in suit not being a good common-law bond, and not being authorized by statute, is illegal and void.”

It is very evident, we think, that the attention of the court was…