Moore v. Earl

Vanclief, C.

This is an action upon the bond of an executor for the faithful execution of his trust according to law. The plaintiff recovered judgment, and the defendant Earl, who is a surety on the bond, appeals from the judgment, and also from an-order denying his motion for a new trial.

The defendant Hathaway was appointed executor in May, 1868, and upon the execution of the bond in suit, letters testamentary were issued to him, upon which he indorsed his official oath as required by law, and thereupon took possession of the estate of the testator, of the value of $16,637, and returned and…