In re the Trust under the Will of Lane

Citations

• 11 Del. Ch. 122
• 97 A. 587
• 1916 Del. Ch. LEXIS 23

Syllabus

<p>Though, in general, trustees and beneficiaries are both necessary parties in suits against either, there is a well-established exception where the suit is brought by the trustee to recover trust property, or to recover for breaches of trust by former trustees, in suits of which character the beneficiaries are not necessary parties.</p> <p>Though a successor in a trust is not liable for the defaults or misconduct of his predecessor, yet he must obtain all the property of the trust, and for this purpose should investigate the acts of his predecessor, and recover from him whatever belongs to the trust estate.</p>