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9 Ky. Op. 905

Smith v. Shoeman

Court of Appeals of Kentucky

Decided June 6, 1878

Court of Appeals of Kentucky · decided 1878-06-06

<p>Administrator’s Bond — Liabilities of Sureties.</p> <p>Where there are joint administrators each signing the bond with others, they become sureties for each other; and when one resigns or is discharged as administrator he is still liable on the bond.</p>

Decided 1878-06-06

¶1Opinion by

Judge Cofer:

¶2Appellee was joint administratrix with M. E. Clelan of the estate of Thomas Dean, and the two as joint representatives of the estate executed a joint bond with the surety. Afterward the appellee married and her representative character ceased. See Sec. 16, Chap. 37, Revised Statutes.

¶3By the joint bond executed by appellee and Clelan they became sureties of each other to the creditors and distributees that the estate would be correctly administered and distributed, and the obligations of appellee’s bonds do not cease because she has ceased to be a representative of the estate of Dean.

¶4This seems a hard case, but this view is sustained by unbroken *906authority in this state. See Moore v. Waller’s Heirs, 1 A. K. Marsh. 488; South’s Heirs v. Hoy’s Heirs, 3 T. B. Mon. 88; Anderson v. Miller, 6 J. J. Marsh. 571; Collins v. Carlisle’s Heirs, 7 B. Mon. 13.

Thompson & Thompson, for appellants.C. A. and P. W. Hardin, for appellee.

¶5Wherefore the judgment is reversed for further proceedings consistent with this opinion.

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