Suit may be maintained against all or a portion of the obligors upon the bond. This is within the option of the plaintiff. The liability of a surety extends only to the amount of his assets as properly belonging to the estate and which came into the hands of the administrator or executor. The part which might have come into his hands by the exercise of proper diligence is also a part of the liability.53 The fact that the surety entered into the obligation voluntarily, and for a good consideration, does not alter the liability upon the bond.54

50 Crofts vs. Williams, 88 N. Y., 384. 51 Marshall vs. Coleman, 187 Ill., 556; Bushing vs. Nelson, 7

Colo., 184.

52 Bedell vs. Janney, 4 Gilm., 195; People vs. Admire, 39 Ill., 251; Warren vs. Jeffrey, 18 Ill., 329.