23 Kan. 235 | Kan. | 1880
The opinion of the court -was delivered by
The material question involved in this case is, whether the sureties on a second bond given by an administrator are liable for moneys belonging to the estate collected ' by the administrator and appropriated by him to his own use before said second bond was executed, where the records of the probate court show that just three days before said second bond was given a final settlement was made by the administrator with the probate court, and that said moneys were then in the hands of the administrator, and that said administrator was then ordered to give said second bond.
We think the sureties are liable. It appears from the records of the probate court that on March 14, 1874, the administrator had a final settlement with the probate court, and that on that day he had in his possession $394.60 belonging to the estate. It also appears that' on that day the probate court ordered that the administrator should give a new bond with approved security. This new bond was evidently intended as an additional security for said $394.60. On March
The judgment of the court below will be affirmed.