People ex rel. DeCola v. United States Fidelity & Guaranty Co.

Mr. Presiding Justice O’Connor

delivered the opinion of the court.

Salvatore DeCola, Rose DeCola and Marie Paul, surviving children of Fred S. DeCola, deceased, in the name of the People, brought this suit on the bond of Dominic H. Valens, the administrator of their deceased father’s estate against the surety, the United States Fidelity and Guaranty Company, a corporation, to recover for the claimed derelictions of the administrator. The surety company filed its motion to strike the complaint and to dismiss the suit on the ground that the matters involved had been adjudicated by the probate…