Opinion
November 27, 1995
Appeal from the Surrogate's Court, Kings County (Bloom, S.).
Ordered that the orders are affirmed, with one bill of costs payable by the appellants.
The appellants failed to demonstrate that Eleanor Simon, the widow and administratrix of the estate of the decedent Jerome M. Simon, did not faithfully discharge her trust or obey all lawful decrees and orders regarding the administration of the estate of Jerome M. Simon as provided in the standard surety bond issued on her behalf by the respondent, National Surety Corporation (hereinafter National Surety) (see generally, SCPA 801). Therefore, the Surrogate's Court properly granted National Surety's cross motions for summary judgment dismissing the petitions for failure to state causes of action (see, SCPA 809 [b]; United States v. Westchester Fire Ins. Co., 478 F.2d 133; 1B Warren's Heaton, Surrogate's Court § 11.17 [1], at 11-46).
Contrary to the appellants' contention, the plain language of the surety bond reveals that it was issued to ensure the faithful performance of Eleanor Simon only.
In light of our determination, we need not reach the appellants' remaining contention. Sullivan, J.P., Thompson, Hart and Goldstein, JJ., concur.