Coates's Estate

Citations

• 273 Pa. 201
• 116 A. 821
• 1922 Pa. LEXIS 547

Syllabus

<p>Trusts and trustees — Executors and administrators — Partnership —Losses—Claim to surcharge inactive trustee.</p> <p>1. Where a testator dies leaving a son, who was his partner, and a daughter executors and trustees, and the son as a liquidating partner turns over to the estate all but a certain sum which was carried along as uncollectible, the daughter, fifteen years thereafter, will not be surcharged, as surviving and inactive trustee, with such sum, especially where the court finds as a fact that the assets were uncollectible.</p> <p>2. Under such circumstances, the inactive trustee should not be charged, where the assets in the inventory are doubtful, unless there was negligence on her part in failing to collect.</p> <p>3. In such case, it is immaterial that the books of the partnership had been destroyed years after testator’s death by a confidential bookkeeper without any purpose to injure and defraud and without any loss to the estate by their destruction.</p>