Margolis-Johnson

Rose M. Johnson (the decedent) died intestate on March 11, 1980. She was survived by her daughter, Deborah L. Braunworth (Debo *919 rah), and by respondent Kenneth Margolis-Johnson (Kenneth), the son of her predeceased spouse. Letters of administration were issued to Deborah in May of 1980, and she thereafter filed an inventory of the decedent’s assets showing cash in the amount of $27,405.31, other personal property valued at $2,500, and real estate appraised at $45,000. Consistent with the inventory, Deborah as administratrix also posted two bonds in the respective amounts of $16,000 and $12,000, both of which were issued by appellant, the Ohio Casualty Insurance Company (Ohio) as surety.

In April of 1981, Deborah filed her petition for distribution to sole distributee without rendering an account, which was placed off calendar owing to the existence of an unaccounted for creditor’s claim in the sum of $974.71. Subsequently, without this petition having been acted upon, Deborah disappeared, and her whereabouts remain unknown.

As a result of Deborah’s disappearance, and in July and September of 1982, Kenneth sought and obtained first the suspension and then the…