In Re the Estate of Darwin

OPINION

LEECH, Special Justice.

G. B. Hillis, principal, and Charles B. Darwin, one of three sureties, executed a bond in accord with T.C.A. § 57-309 to the Commissioner of Revenue to cover taxes accruing from the wholesaling of beer, ale, and other malt beverages. The bond was executed on October 19, 1963 and provided that an action could be maintained on the bond against any one or all of the sureties without making the principal a party, they both being liable jointly and severally. Charles Darwin, subsequently died on February 6, 1964 and publication of a notice to creditors was instituted…