Weir

Hiram G. Weir was a resident of Sierra county, and died in August, 1883, leaving a last will, by which he devised all his property to the respondents in this action, and in which he named the defendant Mead as the executor thereof. The will was duly admitted to probate by the superior court of Sierra county in October following, and letters testamentary were ordered to be issued to Mead, “upon giving bond required by law in the sum of six thousand and five hundred dollars.” A bond was thereafter approved by the judge and filed by the clerk of the court, which recited: “That I, Michael H. Mead, as principal, am held and firmly bound unto the state of California in the sum of six thousand and five hundred dollars, lawful money of the United States of America, in which sum I am also jointly bound with each of my sureties hereinafter named.....And we, Robert Forbes (and five others), as sureties, are severally held and firmly bound, and jointly with said *127 Michael H. Mead, are held and firmly bound unto the said state of California, in the following sums respectively .... for the payment of which, well and truly to be made, we, and each of us, respectively bind ourselves, our and…