McKim v. Blake

This is a suit upon a probate bond bearing date April 30, 1855, in which James M. Howe as trustee under the will of Henry Todd appears as principal, and the defendants’ testator, George B. Blake, as surety.

Under the provisions of law, on April 18, 1869, said Blake filed his petition in the Probate Court to be discharged from further liability as such surety, which petition, on May 17, 1869, was granted, and he was so discharged. On the same day, Howe gave a new bond with sureties. There was substantial breach of the condition of the bond by the trustee while Blake was his surety upon his bond.