American Contractors Indemnity Co. v. Saladino

Opinion

JOHNSON, J.

Sureties appeal from an order denying their motion to place an equitable lien on funds turned over to the public administrator of a decedent’s estate by the previous defalcating administrator. The sureties claimed a right of subrogation to the estate’s interest in the funds because the sureties had been found liable on fiduciary bonds issued to the former administrator, and had paid the estate on their bonds. The trial court found the sureties’ request to impress a lien on the funds premature because the estate had not yet been made whole. We affirm.

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