Ryman's Estate

Citations

• 254 Pa. 455
• 99 A. 24
• 1916 Pa. LEXIS 752

Syllabus

<p>Decedents’ estates — Executors and administrators — Trustees— Deposit of security for payment of decedent’s dehis — Recovery of security.</p> <p>An attorney died possessed of certain trust property of which a client, who had predeceased him, was trustee. The executors of the attorney deposited with a bank certain bonds in pursuance of an agreement reciting the desire of the executor to make restitution and setting forth that such bonds were “to be held for said (substituted) trustee as security for the forthcoming of the principal fund upon settlement of the estate.”......Thereafter the amount due from the attorney’s estate to the trust estate was ascertained by the court and paid in full. Subsequently the executor petitioned the Orphans’ Court for a return of the bonds; but it was contended by persons interested in the trust estate that the bonds had become part thereof by such deposit and that the bank held such bonds as trustee ex maleficio. Held, the court properly awarded the bonds to the executors of the attorney.</p>