Vardeman v. Ross

Citations

• 36 Tex. 111

Syllabus

<p>An administrator de bonis non with will annexed derives Ms powers from the law and not from the will, and is not authorized to execute trusts charged by the will upon the executor named therein. (Tippett v. Mize, 30 Texas, 361.) Therefore, a testatrix, having appointed an executor of her will, which bequeathed legacies to minors, and directed that the legacies be put at interest during the infancy of the legatees, and the executor having resigned without executing the will in this respect, whereupon an administrator de bonis non, with the will annexed, was appointed, and he loaned out the legacies on personal security and without the authority of the probate court—it is held that the sureties of the administrator are liable for the fund, with interest at eight per cent, per annum since it came to the hands of the administrator. It is of no avail to the sureties that the administrator acted in good faith, and that he loaned the fund on personal security which was amply good at the time, but which had become worthless in consequence of the abolition of slavery, etc.</p>