Bond v. Shute

Citations

• 103 Kan. 281
• 173 P. 294
• 1918 Kan. LEXIS 245

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Administration op Estate — Bond for Payment of Debts — Validity of Bond — Res Adjudicada — Public Policy — Estoppel. After an order to sell real estate for the payment of debts of an estate was issued, but before the sale, a person claiming to be interested in the estate gave bond to pay the’debts, under section 4603 of the'General Statutes of 1915, which the probate court approved, and the order was recalled. Action was brought against the surety on the bond for breach' of its conditions. Held, the bond is not void because given after the order issued, the subject of the interest or lack of interest of the person tendering the bond has been adjudicated and cannot be relitigated, no public interest was affected by giving the bond, it was not void as against public policy, and the surety is estopped to assert invalidity of the bond.</p>