HARTJE'S ESTATE

Trusts and trustees — Debts — Proceeding against debtor — Failure to enter judgment — Circumstances.

Trustee held not liable to surcharge for failure to enter judgment against settlor of trust for unpaid installments due according to the terms of a written agreement, and to proceed with judgment execution, where it did not appear that the settlor had sufficient money or funds from which he could have paid the defaulted amounts, and the trustee in the exercise of care and diligence reasonably concluded that the effect of such action by the trustee would have been to sacrifice the property of the settlor and destroy any ability he had to make further payments.

Argued October 10, 1935.

PER CURIAM, November 25, 1935:

The decree is affirmed on the opinion of Judge MITCHELL for the court in banc.