S(c)holtz v. Hartford Accident & Indemnity Co.

HOLMES, Circuit Judge.

This appeal is from a judgment sustaining a demurrer to appellant’s declaration. The suit was in the name of the Governor of Florida, for the use of the successor trustee and administrator, cum testamento annexo, de bonis non, of the estate of D. St. Clair Nisbet, deceased. It was against the surety on the bond of the corporate executor of the last will and testament of the decedent. The bond was conditioned upon the faithful performance by the principal of its duties as executor.

The declaration is in two counts. The first has been abandoned; the second, in its original…