Tunnell v. Burton

Citations

• 4 Del. Ch. 382

Syllabus

<p>Where an administrator has been removed and suit brought against him and his sureties in the administration bond,to recover the undistributed balance remaining in his hands, a judgment rendered in such suit, upon the award of referees, is conclusive as to such balance.</p> <p>Under the circumstances of the case, it is an available defense to the sureties of an administrator under a judgment against them and him to shew that some next of kin had received, and that others had released their shares of the judgment.</p> <p>Four distributees joined in a release to the administrator of an estate, the consideration being the assignment of certain property to trustees for the benefit of three of the releasors, the other party to the release having received nothing, and having afterwards become administrator d. b. n. of the same estate, was held to be concluded by the release from any claim as a distributee of the estate.</p> <p>Where the testimony of a witness had been taken, and subsequently, under an order to make new parties, he was joined as a defendant and filed his answer, his deposition was not permitted to be read.</p>