Smith v. Eureka Bank
Supreme Court of Kansas
Error from Greenwood District Court. Action brought by I'm. Martiudale and two others, partners doing a banking business as,' The Eureka Bank, against Sarah A. Smith and three others, (sureties,) upon her bond, as executrix under the will of W. C. Way bright, deceased. Trial by the court at the May Term, 1880, and findings and judgment for the plaintiff, for $5,532.06 and costs. The defendants bring the case to this court. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action on the bond of an executrix. The following are the important facts: On the 28th day of January, 1872, W. 0. Waybright died, testate, leaving a widow, now Sarah Ann Smith, the above plaintiff in error, to whom by the provisions of his last will and testament his entire property was given, subject to the payment of his debts. On the 26th day of February, 1872, the will was *529■admitted to probate as the will and testament of said W. C. Waybright, with Sarah Ann Waybright the widow, and W. L. Sears, as executors of the will, who…
2Cases cited4 opinions
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