Prager v. Hart

Citations

• 106 Kan. 14
• 186 P. 1015
• 1920 Kan. LEXIS 445

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trusts and Trustees — Trustee Charged with Dereliction .of Duty— Trustee Not Responsible for Negligence of Prior Trustee. A testatrix devised ¿me-third of her estate to a trustee, for the benefit of designated beneficiaries. A portion of the estate consisted of a large crédit on the books of a wholesale grocery company, one-third of which became vested in the trustee. The debt was not collected from the Í grocery company, the trustee resigned, and a successor was appointed. ; Some fourteen years after her appointment, the second trustee made application to be relieved from office, and for approval of the account she presented. The beneficiaries objected to the account, accused the trustee of divers derelictions of duty, and sought to have her account charged with various sums, including the grocery-company debt in full. Her account showed collection of thirty-six per cent of the sum due from the grocery company. The court found the grocery company was solvent at the date of her appointment, and found she could have collected the full amount of the debt from the grocery company and from her predecessor, within a reasonable time after her appointment. Held, it was no fault of the trustee that the debt was not collected before her appointment; she can be held responsible for none but her own delinquency; and the measure of her duty in the premises was good faith and reasonable prudence and diligence.</p> <p>2. Same — Solvency of Grocery Company — Improper Evidence. The first trustee testified that when he resigned he was solvent, and testified that the grocery company was solvent and could have been compelled to pay. Held, the testimony was improperly received.</p> <p>3. Same — Solvency of Grocery Company and First Trustee Not Shown. Eliminating the testimony improperly received, the findings of fact disclose insolvency of the grocery company, and the finding that the first trustee had assets from which he could have paid, or could h