Anderson

The action is one brought by respondent Anderson, as administrator with the will annexed of the estate of John Quincy Wrenn against Maryland Casualty Company and Joseph T. Wrenn to recover on three surety bonds, wherein the said Casualty Company was the surety and Joseph T. Wrenn was principal.

There are three separate undertakings, each given pursuant to the requirements of section 1389 of the Code of Civil Procedure,

The facts are, in the main, undisputed. John Quincy Wrenn died testate. In his will, duly admitted to probate, he nominated Joseph T. Wrenn as executor to act without bonds and the latter, after regular proceedings had, was duly appointed executor and thereafter qualified as of February 18, 1921.

The said Joseph T. Wrenn was a son of deceased and named in his will as a legatee. After disposing of various sums of money and certain specific estate the entire residue was devised to Joseph T. Wrenn and the widow and two other children, share and share alike. The total value of the estate was approximately $98,000 and the approximate portion thereof to be distributed in specific legacies was less than one-eighth, leaving seven-eighths to be distributed under the…