Mosebach's Estate
Mosebach's Estate
Opinion of the Court
Opinion by
The decree of the orphans’ court might well be affirmed for the reasons given in the opinion overruling the exceptions filed to the adjudication. While it is a well established rule but rarely departed from, that “it is the duty of a trustee to study for itself the conditions calling for the expenditures of the money and to acquaint itself with the situation of the cestui que trust, so as to be able to exercise a sound discretion in the matter of disbursements; the confidence reposed was in the judgment and discretion of the trustees and not in that of an unnamed guardian”: Pleasonton’s Estate, 232 Pa. 381. A trustee cannot lawfully dispense income in bulk to a third person for the benefit of a minor, as the discretion as to the amount and time of payment was vested in the trustee, and in the trustee alone: Partridge’s Estate, 241 Pa. 158. Nevertheless, the facts in this case clearly show that the care and custody of this appellant were wisely, considered and the duty imposed faithfully discharged by the guardian and his ward’s stepmother. Her commendable anxiety to keep these five small children together under her personal care for home nurture and schooling was assented to by the guardian, and after
The attention given by the trustee to the appellant while in the home of his stepmother is fully reviewed in the adjudication, and we concur in the opinion of the auditing judge, that the contention of the appellant is without merit. The findings are fully supported by the testimony.
The assignments of error are all overruled and the decree is affirmed, at the cost of the appellant.
Reference
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- Syllabus
- Trusts and trustees — Income of trust fund — Payment of income in bulk — Discretion of trustees. The findings of an auditing judge as to the facts relating to the proper support of a minor will not bé disturbed except for manifest error. While it is the duty of a trustee to study the conditions calling for the expenditure of the trust fund and to acquaint himself with the situation of the cestui que trust, nevertheless where the facts clearly disclose that the income of the beneficiary was paid to his stepmother who used it for his support and, in so doing, exercised a proper care and supervision of the minor, the trustee will not be surcharged with the amount of money so expended.