Biggins v. Raisch

Citations

• 107 Cal. 210
• 40 P. 333
• 1895 Cal. LEXIS 736

Syllabus

<p>Action upon Bond op Deceased Executor—Delay op Administration —Laches op Heirs.—Where an action is brought by the heirs of a decedent’s estate upon the bond of a deceased executor, who did not close the administration of the estate, or render any account thereof to the probate court, and the action is commenced within a reasonable time after the death of the executor, the heirs cannot be charged with laches by merely passive delay and forbearance on their part, though they might have compelled the executor to account to the probate court long before he died, nor could such merely passive delay and forbear, anee on their part discharge the sureties on the executor’s bond, nor affect their obligation which was conditioned that their principal should perform all the duties of executor, which obligation was not discharged owing to failure on their part to procure their release from further re. sponsibility as provided in sections 1403 and 1404 of the Code of Civil Procedure.</p> <p>Id.—Effect op Judgment Against Exeoutrix op Deceased Executor— Res Adjudicata.—A judgment obtained against the executrix of the deceased executor whose estate was insolvent is conclusive against the sureties on his bond in an action against them to recover from the sure, ties of the deceased executor the amount found due by the judgment to -the estate of which he was the executor.</p>