Bobo v. Vaiden

Citations

• 20 S.C. 271
• 1883 S.C. LEXIS 147

Syllabus

<p>1. Where a surety on an administration bond petitions for relief and a new-bond is required and given, the second bond becomes the primary-security, not only as to the surety who petitioned, but also its to the other sureties on the first bond. .</p> <p>2. But the administrator, when cited to show cause under his surety’s petition, having made return showing a balance in hand much less than the true balance — an error resulting from an incorrect voucher given him by such petitioning surety — the first bond is primarily liable to the extent of such error.</p> <p>3. A distributee who was also a surety on the administrator’s bond, having-made an assignment of his distributive share in the estate, the assignee is entitled only to what is left to such surety after paying his liability to the estate for the devastavit of the administrator. And the benefit of this rule may be claimed by the other sureties.</p>