Schmidt v. Simmons

The opinion of the court was delivered by

Sloan, J.:

This was an action to recover on an executor’s bond from the principal and his surety.

On January 15, 1929, Charles D. Simmons was appointed and qualified as executor of the estate of Parilee Simmons, deceased. He gave the statutory form of executor’s bond, which was duly executed by the National Surety Company. Thereafter he was by an order of the probate court removed as such executor and the plaintiff in this case duly and regularly appointed in his stead. The petition alleged that the defendant neglected and refused to pay to the plaintiff…