Shook v. Goddard
New York Surrogate's Court
Petition of Sheridan Shook, one of the sureties in the official bond of Charles W. Goddard, an executor of decedent’s will, for a release from responsibility for any further breach thereof. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
I feel bound to grant the applica*202tion, whereby one of the sureties on the bond of decedent’s executor seeks to be relieved from responsibility on account of any future breach of the condition of such bond.
As that instrument was executed in 1878, I do not think that this petition comes within § 2600 of the Code of Civil Procedure. But the provisions of that section do not essentially differ from those of the statute of 1837 as amended in 1862, which continued to be in force until supplanted by the Code. Sections 29 to 32, inclusive, of chapter 460 of the laws of 1837 provided the…
2Cases cited2 opinions
- Stevens v. StevensNew York Surrogate's Court · 1878
- Lewis v. WatsonNew York Surrogate's Court · 1877