Vicenzo Casoni, Respondents v. Leonard W. Jerome, Impleaded

Summary

The Court of Appeals affirmed the General Term's judgment, holding that a bond executed by an administrator with the will annexed is valid even if the bond does not recite that special character, that an unauthorized clerical insertion of the words “with the will annexed” does not alter the bond's legal force, and that revocation of letters of administration does not strip the surrogate of jurisdiction to render a final decree. The court also ruled that sureties' ignorance of the administrator's special status is not a defence.