Trusts and trustees — Surcharge — Investments — Mortgages — Participating interest — Evidence.
Exceptions to the account of a trustee, seeking to deny the accountant the right to offer mortgage investments in distribution of the balance of the account, on the grounds, variously applying to the particular investments, that the investments were illegal, improper and improvident, that the accountant had an interest in the transactions adverse to the estate, that the interest rate on one mortgage was reduced improperly, and that there were no appraisals when certain of the investments were made for the trust, were properly dismissed, under all the evidence in the case.
Argued September 29, 1938.
PER CURIAM, December 5, 1938:
The endeavor to surcharge the fiduciary in this proceeding was properly denied by the court below. We affirm its action on the pertinent portions of its opinion which appear in the Reporter's notes.
We have not been convinced that there was anything in the allotment which the trustee made of the $50,000.00 which was paid on account of the Somers, Fitler Todd mortgage to other participants therein which would warrant a surcharge. We considered the same situation and approved it in Harton's Est., 331 Pa. 507, 1 A.2d 292.
We see nothing in the record before us which would warrant the court below or us in refusing the allowance made to the accountants for counsel fees.
Decree affirmed. Costs to be paid out of the estate.