McManus v. Sears

The question presented is whether there was a breach of the bond of defendant Sears as guardian of decedent, Elizabeth M. Johnson, resulting in loss to the guardianship, for which plaintiff as administrator of Elizabeth’s estate may recover from the surety on the guardian’s bond. The trial court held no such breach or loss was shown and denied relief. We affirm the decision.

There is no dispute in the material facts. They appear mainly from admitted allegations in the pleadings and stipulation of the parties. Trial was to the court without a jury.

The case is an aftermath of Ward v. Sears, 247…