Hatheway v. Sackett

Grates, Oh. J:

This action was brought in the name of the judge of probate, upon a bond running to him and executed by James S. P. Hatlieway, as residuary legatee of Gilbert Hatheway deceased, an(l by the other plaintiffs in error as sureties. It was given under § 4366, O. L., which is as follows: “If, however, the executor shall be residuary legatee,. instead of the bond prescribed in the preceding section” (being the *99ordinary bond of an executor), “he may give a bond in such sum and with such sureties as the court may. direct, with a condition only to pay all the debts and legacies of the…