Guest v. Guest

Roberts, Chief Justice.

This is a suit by the heirs and legatees to remove an independent executor, to enjoin him from further action under the will, and to appoint a receiver to take charge of the estate of the testator. The suit was brought in 1872, while the act of 1870, relating to the administration of estates, was in force, under which creditors, but not heirs or legatees, were authorized to require a bond of such an executor who was in control of the estate without giving a bond, from which be was relieved by the terms of the will. (Paschal’s Dig., arts. 5626-28.)

Under that statute, he…