Moore's Estate
Moore's Estate
Opinion of the Court
Opinion by
Most of the assignments of error in this case have been disposed of at No. 167 January Term, 1904. One question, however, has been raised which was not considered in that appeal. It is this: Should the Fidelity Trust Company, one of the accountants, be required to pay the interest earned by it on the several sums of money belonging to the decedent and deposited with said company during the time the estate was being settled ? Under the will of Andrew M. Moore, deceased, three executors were named. One of these executors was the Fidelity Trust Company. As the funds were collected the accountants deposited them with said company. This company in the ordinary and usual way paid the accountants two
This appeal is dismissed, the costs to be paid by appellant.
Reference
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- Executors and administrators—Trust company—Interest on deposits. Where three executors, one of whom is a trust company, deposit in the trust company funds of the estate, and the company allows the usual two per cent interest thereon, it cannot be surcharged with interest in excess of that rate on the theory that acting in a fiduciary capacity it was bound to account for all profits made out of the estate.