Werner v. American Surety Company of New York

The appeal in this case questions whether •devisees under a will are entitled to recover •interest on the principal amount paid by a bonding company for defalcations of an executor bonded by it; whether such dev-isees can require the bonding company to pay attorney fees for the attorney representing the devisees; and whether lawyers for the testator’s estate, who were also executors of the estate, were entitled to charge both attorney fees and executor fees.

Justin Werner, John Werner, and Margaret Runnion, devisees under the will of O. D. Ferguson, Jr., deceased, brought suit in the district…