Biggins

Thomas Biggins died testate in the county of Marin, September 8, 1879. On October 6, 1879, the will was proved and Patrick Mallon was appointed executor thereof, and executed a bond for the faithful pertormance of his duties in the sum of twenty-five thousand dollars, with the defendants and Patrick Burns as sureties thereon. Patrick Burns died before the commencement of this action. The executor, Patrick Mallon, died testate on January 26, 1890, without having closed the administration of the estate and without having rendered any account thereof to the probate court. On February 17, 1890, letters of administration with the will annexed were issued to the plaintiff, who six months thereafter brought an action in the superior court of the city and county of San Francisco against Ellen Mallon, executrix of the will of Patrick Mallon, and the defendants herein for an accounting in the matter of Patrick Mallon’s administration of the estate of Thomas Biggins. The defendants herein were joined as defendants in that action on the ground that they were sureties on the bond of Patrick Mallon, but their demurrer to the complaint on the ground that they were improperly joined as defendants…