Morley v. Carson

Citations

• 240 Pa. 546
• 87 A. 713
• 1913 Pa. LEXIS 712

Syllabus

<p>Trusts ' and trustees — Go-trustees under will — Power to act— Joint action — Assumpsit—Broker’s commission — Negotiations for sale of trust property — Binding instructions.</p> <p>In an action by real estate brokers against co-executors and trustees under a will for commissions for obtaining tbe sale of real property belonging to the estate and held by the defendants as trustees, binding instructions for the defendants are proper, where it appears that the arrangement, under which the commissions were alleged to have been earned was made by the plaintiff? with an officer of one of the defendants, a trust company, without any proofs that would justify an inference that the co-executor and trustee had co-operated with or in any sense or degree authorized the other executor and trustee to make any bargain for the sale of the property or as to negotiations concerning any such sale, or had ratified the same, and particularly where it further appeared that such co-trustee had a life estate in the property, which estate was proposed to be passed by the sale.</p>