State ex rel. Pickey v. Culbertson

The main question in this case is whether the court rendered the proper decree in making distribution among the persons .entitled to the remainder under West’s will. The petition was undoubtedly bad, and at the time the suit was commenced the defendants, who were sureties on Mrs. West’s bond, were not liable, as no breach had been committed according to its terms. But as by the subsequent proceedings an apportionment of the money was made by the court, this technical defect may be waived, and justice may be done by an assessment of costs against the .plaintiffs.

*342It seems that Thomas -West…