Newman v. Shreve

Citations

• 235 Pa. 450
• 84 A. 435
• 1912 Pa. LEXIS 569

Syllabus

<p>Equity — Findings of fact — Negligence—Mistake—Trust and trustees.</p> <p>1. The findings of fact by a chancellor that a trust estate had been subjected to great loss by the negligent act of the trustee, if based upon sufficient evidence, will not be reversed by the appellate court if there is no palpable error.</p> <p>2. When the facts to be found depend upon conflicting testimony, it is the duty of the chancellor, as it is of a jury to give due consideration to all of it, to reconcile it, if possible, and with an open mind make findings based upon the weight of it.</p> <p>3. Where a bill in equity is filed against a trustee for an ac- ■ counting of moneys lost through an improper sale of real estate, and other parties are joined as defendants who appear and answer, and it appears that all of the defendants are interested in the property sold or the proceeds thereof, the court in entering a decree against the trustee may also enter a decree against the other defendants that they pay certain sums to the trustee, if it appears that they deceived the trustee to his loss.</p> <p>Mr. Chief Justice Fell dissents.</p>