Toffler v. Kesinger

Citations

• 80 Kan. 549
• 102 P. 1097
• 1909 Kan. LEXIS 110

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Administrator’s Bond — Liability of Surety. An administrator with the will annexed died in office without having accounted for money which he had collected belonging to the testator’s estate. His successor obtained judgment in the district court against his administrator for the sum found to be due. The judgment was presented, allowed and classified in the probate court as a claim against his estate, but no order was issued upon his administrator for its payment, and it was not paid. Held, such an order is not a condition precedent to recovery against the sureties on his bond.</p>