Nickals

Plaintiff brought this action against James Stanley, as administrator of the estate of her deceased husband, and the sureties on his official bond as public administrator, to recover the sum of $4,895.65, proceeds of a policy of insurance on the life of decedent, which policy, according to the allegations of the complaint, was payable “to his executors or administrators . . . for the benefit of his wife, the said Julia A. Nickals, if she should survive him.” It was alleged that he had, as administrator, collected said amount on said policy, and had used and expended all of the same “in paying the debts of said William W. Nickals, deceased, and the expenses of his last illness and funeral, and costs of administration of said estate,” instead of paying the same to plaintiff. This was the sole ground of plaintiff’s action.

It may be assumed that Stanley applied for letters of administration of this estate as public administrator, and that his official bond as public administrator stood in lieu of the ordinary administrator’s bond required by law. (Code Civ. Proc., sec. 1727.) Such bond was conditioned to the effect that said Stanley should faithfully execute the duties of public…