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SHERWOOD v. MERCHANTS MUT. BONDING CO.

No. 39610.

226 N.W.2d 761 (1975)

193 Neb. 262

William H. SHERWOOD, Administrator with Will Annexed of the Estate of Floyd Tilson Brown, Deceased, Appellee, v. MERCHANTS MUTUAL BONDING COMPANY, a corporation, Appellant.

Supreme Court of Nebraska.

March 6, 1975.

Attorney(s) appearing for the Case

Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, William J. Brennan, Jr., C. L. Robinson, Omaha, for appellant.

Person, Dier & Person, John E. Dier, Holdrege, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, and CLINTON, JJ.

NEWTON, Justice.

This is an action to recover on the bond of a guardian. On June 7, 1963, F. Stanton Brown was appointed as guardian of his incompetent father. He posted bond, obtained from defendant, in the sum of $17,000. The estate had assets valued at approximately $370,000. The ward died September 3, 1968, leaving two sons as heirs, F. Stanton Brown, the guardian, and J. Leland Brown. The latter requested, on August 5, 1968, that the guardian be removed and required...

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