Appeal of Boyer

Citations

• 125 Pa. 164
• 17 A. 257
• 1889 Pa. LEXIS 704

Syllabus

<p>(а) A., a testamentary trustee, filed an account in which he took credit tor $1,401.37 commissions, though he expressed a purpose to give the same to the testator’s children. A. died without making the gift, and before his account was confirmed. B. succeeded him in the trust and was also made administrator d. b. n. e. t. a. of the testator.</p> <p>(б) A.’s executors filed a final account of liis trusteeship, in which the trust was charged with $982.50, principal and interest of a note made by the testator in favor of A., but barred by the statute of limitations. To B.’s objection to the credit, A.’s executors insisted upon its allowance, or upon retaining the $1,401.37 commissions. By a compromise agreement, the credit was allowed, the account confirmed, and $468.17 paid to B., who gave a receipt for the entire $1,401.37, which recited that the same was held by B. for the benefit of the testator’s children.</p> <p>(c) B. died and his administrator filed his account as trustee. In A.’s account credit had been given him for certain books and instruments, the property of the testator. In B.’s account no mention was made of this property and the evidence did not show what disposition had been made of it.</p> <p>(cü) C. succeeded B. in the trust, and claimed to surcharge him with the whole $1,401.37, commissions as above, and also with the appraised value of the books and instruments, with interest from the date when B. received the other property of the testator and presumably the books and instruments also. Held:</p> <p>1. That B.’s account must be surcharged with $932.50, the amount of the note and interest which had been barred by the statute of limitations, and that the $468.87, the balance between this sum and the $1,401.37 commissions, B. held as trustee for the testator’s children, under the terms of his receipt.</p> <p>2. That B.’s account must be surcharged with the appraised value of the books and instruments, since they were wholly unaccounted for, but as