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LEON MOISSIEFF et al., petitioners-respondents, v. ALBERT HOFFBERG et al.,defendants-appellants.

1. Complainant seeks to compel defendant, as trustee under a trust indenture, to account, alleging, among other things, that the purpose of the trust had been accomplished, and that distribution of the assets should be made. Held, the object of the trust was not accomplished and, consequently, there should be no distribution of the assets.

2. The trustee's rate of compensation was expressly set forth in a plan which was accepted by the Commissioner of Banking and Insurance of the State of New Jersey, and approved by this court after a hearing, and assented to by all the trust receipt holders. Complainant alleges that the trustee's duties have diminished since the trust was set up and, in consequence, claims a reduction of the rate of the amount of compensation to the trustee, held, that the amount of compensation is fixed by the trust instrument and that there is no warrant for changing it.

PER CURIAM.

The decree appealed from will be affirmed, for the reasons stated in the opinion filed in the Court of Chancery by Vice-Chancellor Egan. For affirmance — CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, JJ. 12.

For reversal — None.

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MOISSIEFF v. HOFFBERG
(Apr 25, 1940)