Davis v. State ex rel. Kingsbury

Citations

• 118 Miss. 577
• 79 So. 764

Syllabus

<p>1. Executors and Administrators. Action on administrator’s bond. Necessity of administrator de bonis non.</p> <p>Where an estate has been fully administered upon, and nothing . remained to be done except the paying over of moneys, in accordance with the specific directions of the final decree and the administrator has failed to comply with these directions of the court and was in default, his bond was properly put in suit.</p> <p>2. Same.</p> <p>In such case the distributees can file and prosecute such suit for themselves and there is no need for the appointment of an administrator de bonis non to bring such suit, notwithstanding Code 1906, sections 2031-2032 (Hemingway’s Code, sections 1696-1697).</p> <p>3. Same.</p> <p>In such case there is no objection to the prosecution of such a suit against the sureties on the bond alone, especially where the administrator has not only defaulted but has absconded and personal process cannot be served upon him; since section 2683, Code 1906 (Hemingway’s Code, section 2170), expressly authorizes the filing of such suit against one or more of the sureties.</p>