Slater

One Howard Shaw was administrator of the estate of John Evoy, deceased; as such he obtained leave of court to sell certain lands of the estate, and thereupon gave a bond required by the court and provided by statute preliminary to exercising the authority to sell. (Code Civ. Proc., sec. 1389.) The defendants in this action became sureties on such bond— which was executed in January, 1886—and thereby obligated themselves severally, and also jointly with Shaw, that he, “as such administrator, shall faithfully execute the duties of his trust according to law.” The sale was made, and afterward, on April 17, 1888, Shaw rendered an account of his administration, showing that he had in his hands an unexpended balance of the proceeds of said sale amounting to three thousand nine hundred and fifty-eight dollars; which account was, a few days later, allowed and settled by the court. On January 9, 1895, Shaw died, leaving the estate unadministered and having never accounted further for the said balance held by him in April, 1888. Thereupon the plaintiff here was appointed administratrix of the estate of Evoy in his stead.

The matters above stated appear, among other things, from the…