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ESTATE OF KERNS v. WESTERN SURETY CO.

No. 72975.

802 P.2d 1298 (1990)

In the Matter of the ESTATE of Edward Jr. KERNS, an incompetent person, Appellee, v. WESTERN SURETY COMPANY, Appellant.

Court of Appeals of Oklahoma, Division No. 2.

Rehearing Denied December 3, 1990.

Attorney(s) appearing for the Case

D. Fred Doak, Oklahoma City, for appellee.

John B. Hayes and Robert L. Magrini, Looney, Nichols, Johnson & Hayes, Oklahoma City, for appellant.

Released for Publication by Order of the Court of Appeals of Oklahoma, Division No. 2.

REIF, Judge.

This appeal was brought after a surcharge and an assessment of attorney fees were made by the trial court against guardians for negligent defalcation and breach of fiduciary duty to ward's estate. The initial action stemmed from the trial court's intervention and appointment sua sponte of counsel to protect the ward...

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