State v. United States Fidelity & Guaranty Co.

Harrington, J.,

delivering the opinion of the Court:

It is conceded that a personal estate, in excess of $152,000, came into the hands of William Schwartz, as administrator d. b. n., c. t. a. of Benjamin J. Schwartz, deceased, and was paid by him to himself, as trustee of his mother, Sarah K. Schwartz, the sole’legatee named in his father’s will.

It is also conceded that the balance due on the bond of Benjamin J. Schwartz to William Beadenkopf has not been paid. The question, therefore, is whether the defendant, the surety on the administration bond of William Schwartz, is liable for the balance…