Bosler's Estate

Citations

• 161 Pa. 457
• 29 A. 57
• 1894 Pa. LEXIS 717

Syllabus

<p>Trusts — Accountant—Commissions—Interest—Continuous trust.</p> <p>In the case of a continuous trust, the trustee, except in extraordinary circumstances or when the instrument by which the trust is created so indicates, cannot diminish the fund which is to create the income during the life of the trust. For services rendered by way of collecting and paying over the income, the compensation is a fit charge upon the increase and is properly deducted from it; but the labor, care, and responsibility pertaining to the conservation of the capital itself are properly charged on it, and are to be deducted from it when the trust expires, or the particular trustee’s relation to it ends.</p> <p>• Where a trustee has improperly retained commissions on principal before the trust has terminated, he may be charged interest on the amount retained.</p>