McWilliams v. Norfleet

Citations

• 60 Miss. 987

Syllabus

<p>1. G-ttakpian’s Bond. Sureties on new bond. Extent of their liability. Sect. ISIS, Code 1871, construed.</p> <p>Sect. 1212 of the Code of 1871 provides that “ the sureties of any guardian who apprehend danger or pecuniary loss by reason of such suretyship may apply to the chancellor having jurisdiction, by petition and on convincing the chancellor, in term time, that such danger really exists an order shall be made requiring such guardian to give another bond within a reasonable time to be named by the court in default of which, he shall be removed from office and another guardian appointed. If the new bond be given the sureties on the former bond shall be liable thereon, except as to all acts of the guardian up to the time of executing the new bond.” Where a new bond was required of a guardian under this section, the sureties thereon are liable only for defaults of the guardian occurring after the execution of such bond.</p> <p>2. Same. New one voluntarily tendered. Summons and precedent order. Chancery jurisdiction. Practice.</p> <p>Where a guardian appeared in open court and voluntarily tendered a new bond, which was by the chancellor approved, the necessity for a summons and a precedent order as required by the section above quoted is dispensed with. He merely did voluntarily what the court, having jurisdiction of the person and the subject-matter, might have compelled him to do, of its own motion, when made acquainted with the existence of those circumstances declared by the statute to be good ground for such requirements.</p> <p>3. Same. New bond. Presumption as to circumstances of execution.</p> <p>Where a new bond has been tendered by the guardian and approved by the chancellor and the record is silent as to the existence of those circumstances which would authorize the court to compel its execution or to accept it when tendered, the existence of such circumstances will be presumed.</p> <p>4. Same. Deceased surety. Probation of claim against estate thereo