Yost v. Ramey

Citations

• 103 Va. 117
• 48 S.E. 862
• 1904 Va. LEXIS 18

Syllabus

<p>1. Statutory Bonds—Condition Not Authorized.-—A statutory bond is not invalid because it contains some provisions or conditions not prescribed by the statute. It is void as a statutory bond as to the provisions and conditions not authorized by law, but so far as it complies with the statute it may be enforced as a statutory bond, if the authorized and unauthorized provisions and conditions can be severed.</p> <p>2. Attorney in Fact—Excess of Power.—-Where an attorney in fact is authorized to sign his principal’s name, as surety for an executor, to the “bond required by the court” of the executor, and he signs the name to such bond, which contains some provisions not required by law, which conditions are severable and void, this is not in excess of the attorney’s powers, and his principal is bound.</p> <p>3. Executors and Administrators—Bond of Executor—-Unauthorized Conditions—Legal Duress.—The law requires a bond, with certain conditions, to be executed before an executor is allowed to qualify as such, and where such bond, with sureties, has in fact been executed, but contains severable conditions not required by law, the obligors will not be heard to say that they acted under legal duress. The doctrine of legal duress applicable to contracts extorted by officers under color of their office has no application to bonds required by law.</p>