Wagner

This was an action by appellant on a bond executed by appellee Alma I. Wagner, executrix of ‘ the last will of Robert G. Wagner, deceased, as principal, and appellee United States Fidelity & Guaranty Company, as surety. Appellant prayed judgment for $19,401.64, with interest on $13,-380.44 thereof at the rate of 6 per cent, per annum from August 26, 1933, to September 1, 1933, and at the rate of 1 per cent, a month from and after September 1, 1933. Appellees answered, admitting every material fact alleged in the complaint, but denying any liability to appellant. Appellant moved for judgment on the pleadings. The District Court entered judgment in appellant’s favor for the principal sum claimed, with interest on $13,380.44 thereof at the rate of 6 per cent, per annum from August 26, 1933, to September 1, 1933; at the rate of 7 per cent, per annum from September 1, 1933, to August 30, 1935, and at the rate of 6 per cent, per annum from and after August 30, 1935. This appeal followed.

Facts alleged by appellant and admitted by appellees are as follows:

Robert G. Wagner died on May 25, 1927. Letters testamentary were issued to appellee Alma I. Wagner on June 15, 1927. On October 19,…