Appeal from Escambia Circuit Court. (CV-92-318). Joseph B. Brogden, TRIAL JUDGE.
Released for Publication March 10, 1995.
Richard L. Holmes, Retired Appellate Judge. All the Judges concur.
The opinion of the court was delivered by: Holmes
HOLMES, Retired Appellate Judge
This action arises out of the administration of the estate of Willodean Bradford, deceased. Willodean Bradford (deceased) died intestate in March 1986 and was survived by her husband, Murrell Bradford, and by her daughter, June Spicer Carver.
In April 1986 Murrell Bradford (administrator) was appointed as the administrator of the deceased's estate. The named sureties on the administrator's bond, which was accepted and recorded by the Judge of probate, were Kennon Cole and Hubert Bradford.
In January 1988 the administrator filed a medical malpractice suit on behalf of the deceased's estate, which was settled in July 1990. The net amount paid to the deceased's estate in settlement of the malpractice case was $52,474.
In October 1990 Carver filed a petition to compel an accounting and settlement of the deceased's estate. Thereafter, the probate court issued a citation to the administrator to file accounts, inventories, and vouchers and to settle his administration of this estate with the probate court on November 28, 1990. The administrator appeared and filed his final accounting, which was contested by Carver.
The probate court held a hearing. An order was issued by the probate court on May 24, 1991. The order provided, in pertinent part:
"It is therefore ORDERED, ADJUDGED AND DECREED that [Carver] have and recover from the estate of [the deceased] the additional sum of $8,655.16, and that [the administrator] have and recover the sum of $47,305.16 from the estate of [the deceased] to complete and settle the administration of the [deceased's] estate.
"It is further ORDERED that upon payment of the sums as hereinabove ordered, [the administrator], as principal, and Hubrt Bradford and Kenmore Cole [which was how the signatures of the two sureties appeared on the administrator's bond], as sureties, be discharged from the administrator's bond on file in this cause."
The administrator died intestate on or about February 5, 1991. The administrator had remarried and was survived by his current wife, Mazie Bradford. The record reveals that there was no administration of the administrator's estate and that the sum of $8,655.16 was never paid to Carver, pursuant to the order of May 24, 1991.
By letter dated June 10, 1991, the attorney for Carver notified "Mr. Hubrt Bradford" and "Mr. Kenmore Cole" (which was how the signatures of the two sureties appeared on the administrator's bond and how the court listed the names of the two sureties in the May 24, 1991, order) of their potential liability as sureties under the May 24, 1991, order. On June 11, 1991, Bradford contacted the office of the probate Judge to request that a copy of the administrator's ...