Estate of Old
Estate of Old
Opinion of the Court
Newton Lightner was the executor of the will of Harriet Old, and testamentary trustee for James M. Hopkins during his life, and after his death for his widow and children and their heirs.
We have examined the findings of the learned master upon this subject, which have been concurred in by the orphans’ court. No clear error in them has been pointed out to us. They seem on the other hand to be fairly justified by the evidence. Accepting the facts so presented, we concur in the legal conclusion that has been drawn from them.
The decree of the orphans’ court is affirmed, the costs to be paid by the appellant.
Reference
- Full Case Name
- Estate of Harriet Old, Appeal of the Lancaster Trust Company, Trustee of the Wife and Children of James M. Hopkins, under the Will of Harriet Old, from the Decree of said Court confirming absolutely the Auditor's Report
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Trust and trustees — Negligence of trustee — Investment in junior securities on land. A trustee by leave of court invested funds which were held in trust for H. during his life with remainder to his wife and children, in a judgment which was a fourth lien on land. The loan was permitted to remain uncollected for nineteen years, during which time the interest on the trust loan and the prior liens was permitted to accumulate. The land was finally sold and bought in by the first judgment creditor. Most of the remainder-men had consented to the loan and the others on arriving of age had not dissented, though presumably acquainted with all the ciroumstances. The conditions disclosed a family arrangement. Held, under all the circumstances, that the court below committed no error in declining to surcharge the trustee for negligence.