Durfee v. Abbott

The defendants who'' prosecute this writ of error are the sureties on the bond of John McKeown, executor and residuary legatee under the will of John T. Mc-Keown, deceased. The bond was given under the statute (Comp. L. §4366) and its condition is that the principal obligor shall pay the debts and legacies of the testator. On the giving of this bond the executor became entitled to all the property of the estate, and was at liberty to take, possess and dispose of it at discretion, without returning into court any inventory or account whatsoever. McElroy v. Hathaway 44 Mich. 399 ; Batchelder v.…