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Borell's Estate.

Decedent's estates — Accountants — Surcharge.

An executor will not be surcharged for loss on the sale of stock where the auditing judge finds that the accountant acted in the matter with common skill, prudence and caution, and properly exercised the discretion given it by the testator.

PER CURIAM.

This appeal is dismissed on the following from the opinion of the adjudicating judge, confirmed by the court in banc, refusing to surcharge the accountant: "In the light of all the testimony the auditing judge is of the opinion that the accountant acted in this matter with common skill, prudence and caution, and properly exercised the discretion given it by the testator, and therefore should not be surcharged."

Appeal dismissed at appellant's costs.

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BORELL'S ESTATE
(Feb 19, 1917)