Armitage's Estate
Armitage's Estate
Opinion of the Court
The reasons given by the auditor in his report for dismissing the exceptions to the accounts filed, are so entirely satisfactory that we sustain them as they are there expressed. There is no doubt whatever that all the parties interested agreed in writing to all the payments of principal, to the removal of the securities, to the investments which were made by G. Barton Armitage, and to the receipt by Simpson as administrator c. t. a. of those that were left. These parties were all competent to make the agreements referred to, and as the principal of the estate had been encroached upon and used for their own, and their mother’s support, it was eminently right and proper to do just as they
Decree affirmed and appeal dismissed at the cost of the appellant.
Reference
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Trusts and trustees—Investments—Payment of principal to life tenant— Surcharge. > The estate of a deceased trustee cannot be surcharged because of investments made in western mortgages which subsequently became unproductive, and because of payments made out of principal for the support of the widow and children of the creator of the trust, where it appears that all of the parties interested when of full age, and of absolute competency, agreed in writing to all the payments of principal, to the investments which had been made by the deceased trustee, and to the receipt by the substituted trustee of the investments that were left.