Weir v. Mead

Citations

• 101 Cal. 125
• 35 P. 567
• 1894 Cal. LEXIS 995

Syllabus

<p>Estates of Deceased Persons—Bond of Executor—Signature of Principal and Sureties—Construction of Code.—The plain meaning of section 1388 of the Code of Civil Procedure which provides that “ every person to whom letters testamentary or of administration are directed to issue - must, before receiving them, execute a bond to the state of California, with two or more sufficient sureties, to be approved by the superior court or a judge thereof,” is, that the principal and sureties must sign the bond before letters can be issued.</p> <p>Id.—Joint Obligation—Several Obligation of Sureties—Intention , of Sureties.—Where an executor’s bond, instead of being in form the joint and several obligation of all the parties, as it should be, is the joint obligation of the principal and sureties, and the several obligation only of the sureties, the sureties signing it are not bound if it is not executed by the principal, in the absence of evidence that the sureties intended to be bound without requiring the principal’s signature.</p>