Estate of Kerns v. Western Surety Co.

REIF, Judge.

This appeal was brought after a surcharge and an assessment of attorney fees were made by the trial court against guardians for negligent defalcation and breach of fiduciary duty to ward’s estate. The initial action stemmed from the trial court’s intervention and appointment sua sponte of counsel to protect the ward. The surcharge and attorney fee award were entered on March 9, 1989, following stipulation by the parties that the guardians were guilty of negligent defalcation and breach of fiduciary duty. Surety for the guardians timely objected to its liability on the bond for the…