Rose v. Winn

Citations

• 51 Tex. 545

Syllabus

<p>1. Administrator’s bond.—A bond intended as an administrator’s bond, executed in 1871, is valid and binding as such, notwithstanding the absence of a formal conclusion declaring in terms the circumstances under which it shall become void or shall remain in force- and effect, if the condition of the bond intended by the parties executing it is manifest.</p> <p>2. Fact case—Administrator’s bond.—See opinion for a bond. executed by an administrator with securities held good, and which-omitted to state in terms the conditions on which the obligation-might be enforced, or which would render the bond void.</p> <p>3. Bonds—Mistake.—Generally, the omitted formal conclusion of a bond will be supplied by construction, if, from an inspection of the entire instrument, it is manifest that the omission was accidental.</p>