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FIDELITY & DEPOSIT CO. OF MARYLAND v. HOBBS

No. 2902.

144 F.2d 5 (1944)

FIDELITY & DEPOSIT CO. OF MARYLAND v. HOBBS.

Circuit Court of Appeals, Tenth Circuit.

August 9, 1944.

Attorney(s) appearing for the Case

J. M. Hervey, of Roswell, N. M., for appellant.

L. O. Fullen, of Roswell, N. M., for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

Emma Kipling died intestate on March 2, 1939. On March 7, 1939, Claude Hobbs was appointed administrator of her estate. He duly qualified as such administrator.

On March 7, 1939, Hobbs, as principal, and the Fidelity and Deposit Company of Maryland1 executed the official bond of Hobbs as such administrator. The bond, in part, provided:

"Now if the administrator shall * * * administer according to...

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