Colonial American Casualty & Surety Co. v. Scherer

OPINION

JAN P. PATTERSON, Justice.

The question presented by this appeal is whether the surety on a bond securing the original administrator of an estate is liable for attorney’s fees incurred by a successor administrator in a suit against the original administrator for neglect and mismanagement of the estate. Colonial Casualty and Surety Company as surety appeals from the award of attorney’s fees by the probate court to appellee Nancy Scherer as the successor administrator of the estate of Kimberly Lynn Lambert. For the reasons that follow, we hold that attorney’s fees are authorized but only…