Pinkstaff v. People

Citations

• 59 Ill. 148

Syllabus

<p>1. Administbatob’s bond—where a second or additional bond, is given —liability thereon. An administrator, after having given the usual bond required, gave a second or additional bond, not, however, on the application of the sureties in the first bond, under the 79th section of the statute, but to furnish security for liis official conduct satisfactory to the probate court. The second bond did not by its terms relate back to the granting of the administration. Its conditions were identical with those of an ordinary administrator’s bond,'except that, after describing the principal in the bond, as administrator of the “goods and chattels, rights and credits” of the deceased, he is required to make an inventory merely of the “ rights and credits ” which should come to his hands, leaving out the words “ goods and chattels.” The effect of this was that when, in a subsequent part of the conditions of the bond, the administrator was required to deliver and pay over to the persons entitled thereto, “ all the rest of said goods and chattels,” the words “ said goods and chattels ” should be referred to all the goods and chattels which had come to the hands of the administrator, and not merely to those coming to his hands after the giving of the bond,</p> <p>2. If the more specific conditions in the bond would not be sufficient, the general one that lie wits to “ do and perform all other acts which may be at any time required of him by law,” would require him to pay over to the guardian whatever might be due the heirs.</p> <p>3. So, where the administrator had misapplied the funds of the estate before the second bond was given, by appropriating them to his own use, the sureties on such bond would be liable to the guardian of the heirs for such portion of the money as he was entitled to in that capacity; and this, even if the sureties were only liable for breaches occurring after its execution, because the gravamen of the action would be, not the prior misapplication, but the