The plaintiff, a surety company, brought a motion for summary judgment to compel the defendant, a personal representative of an estate, to post collateral under an indemnity agreement.
The defendant had breached his fiduciary duty by improperly distributing estate funds to maternal heirs, failing to investigate paternal heirs' claims, and not complying with a Michigan probate court's disgorgement order.
The court granted the plaintiff's motion, finding the indemnity agreement clear and rejecting the defendant's defenses of *non est factum* and relief from forfeiture due to his carelessness and unreasonable conduct.
