¶1 We are of opinion the suit can he maintained on the bond against the security, although the administratrix has not settled her accounts, nor any proceedings been had against her to ascertain the surplus in her hands for distribution. — Judgment for the Plaintiff.
5 N.C. 437
Williams v. . Hicks
Supreme Court of North Carolina
Decided July 5, 1810
Supreme Court of North Carolina · decided 1810-07-05
1- From Warren. John Witherston having died intestate, letters of administration were granted to Nancy Witherston, who entered into bond, with John Hicks her security, for her faithful administration of the estate of her intestate. She returned to the County Court an account of sales of the estate, and then removed out of. this State to parts unknown, having made no settlement with the Court, nor returned an account current of her administration.
Decided 1810-07-05