Magruder v. Drury

Citations

• 235 U.S. 106
• 35 S. Ct. 77
• 59 L. Ed. 151
• 1914 U.S. LEXIS 1007

Syllabus

<p>On appeals from the Court of Appeals of the District of Columbia taken under the statutes in force before the adoption of the Judicial Code, this court reviews only the decree of that court, and objections in the lower courts not brought forward in the Court of Appeals cannot be considered here.</p> <p>On an appeal from the Court of Appeals of the District of Columbia alleged errors not of a fundamental or jurisdictional character which were not presented to that court for consideration or which were waived expressly or by implication cannot be regarded as before this court.</p> <p>An allowance of commissions to trustees of an estate in the District of Columbia made by the auditor and affirmed by both of the courts of the District will not be disturbed by this court. Barney v. Saunders, 16 How. 535.</p> <p>The decree of the court which has acquired jurisdiction of an estate and settled an account cannot be collaterally attacked; and so held in a case where the will was probated in Massachusetts and the executors accounted but turned over the assets to trustees appointed in the District of Columbia after a finding that testator was not a resident of Massachusetts.</p> <p>Where an account has been verified by oath and duly presented to, examined by, and passed on, by the court, the decree cannot be regarded as one based only on consent and attacked collaterally in the courts of another jurisdiction-under the rule that a trustee’s consent cannot work to the prejudice of the beneficiaries.</p> <p>A trustee can make no profit out of his trust, and even though the estate is not a loser, and the commissions no more than the services are worth, a trustee may not participate in commissions of his own firm ' on transactions with the estate.</p>