State ex rel. Hartford-Connecticut Trust Co. v. United States Fidelity & Guaranty Co.

Joseph W. Cutler by his will provided several small legacies and then gave the residue of his estate, one third to his wife and two thirds to one Gilpatric to hold in trust for his daughter, and named Gilpatric as executor. Gilpatric accepted and gave a bond, which was in the usual form except that it recited his appointment as “Executor and Trustee,” and which was conditioned upon the faithful discharge of the “duties of said trust.” Upon this bond, the defendant The United States Fidelity and Guaranty Company, hereinafter called the Fidelity Company, was the surety. In the course of the…