Hartford Casualty Insurance Co. v. Morton

OPINION

JAMES T. WORTHEN, Chief Justice.

Hartford Casualty Insurance Company (“Hartford”), in its capacity as a surety, appeals a summary judgment granted in favor of George Robert Morton (“Morton”), in his capacity as independent executor of the estate of James McNeal Clark, in the amount of $73,492.06. In two issues, Hartford contends the probate court erred in granting Morton’s motion for summary judgment and denying its own. We affirm.

Background

In 1992, James McNeal Clark (“Clark”) made a will naming Morton as the sole devisee and also naming Morton as the independent executor of his…