Fidelity & Deposit Co. v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

HaRvey, J.:

In this case defendant appealed from an order of the court overruling its demurrer to plaintiff’s petition, in which, briefly stated, it was alleged:

That on January 25,1933, one Marie Yestring was duly appointed by the probate court of Marion county as administratrix of the estate of Frank Weik; that she gave bond, conditioned as provided by statute (G. S. 1935, 22-313), in the sum of $13,000, with plaintiff as surety; that there came into her hands as such administratrix a sum in excess of $10,000, which she deposited in a bank at Wichita…