Estate of Vastine

Citations

• 190 Pa. 443
• 42 A. 1038
• 1899 Pa. LEXIS 1042

Syllabus

<p>Tmsts and trustees — Accounts—Estoppel—Review.</p> <p>Where a testamentary trustee states an account and submits it to the cestui que trust, a young man twenty-three years of age, with business experience, who examines it, and indorses his approval thereon, and the account is filed and confirmed, and the cestui que trust accepts part of (he principal, and continues to receive the income from the remainder of the estate for five years, without objection, the account will not be opened on the ground that excessive commissions had been allowed to the trustee.</p> <p>Trusts and trustees — Commissions—Investments.</p> <p>The Supreme Court will not reverse a decree of the orphans’ court allowing a trustee commissions somewhat in excess of five per cent, where it appears that the trust estate amounted to a little-over $30,000; that, for the purpose of securing the highest rate of interest, the sum was divided into fifty-seven good investments, made without any loss or expense to the estate, and produced an excess of annual income over the usual rate of interest larger than the whole allowance to the trustee, the accomplishment of which required unusual care and vigilance on the part of the trustee.</p>