Crutcher v. Joyce

I am unable to concur in that part of the opinion of the majority holding the trustee liable for part of the attorneys’ fees and costs. The rules relating to a trustee dealing with himself in respect of *522trust property .are well understood. But these were essentially family trusts, and it was intended and understood from the start that the trustee would use the funds constituting' the trust estates in connection with his individual business activities. That was contemplated by all parties in interest from the very outset.

The complaint and amended complaint each contained many sweeping charges…