Anonymous

3 N.C. 18

Opinions

However the law might have been formerly, such bonds taken by executors or administrators are now a part of the estate of the deceased, and are only assets when the money is received. The obligors and sureties may become insolvent, without any default of the executor, before a recovery can be effected. It would be very unreasonable if he were to be made a warranter of all the bonds he takes in the execution of a duty prescribed to him by an express law.