In re the Accounting of First Trust & Deposit Co.

Upon a prior appeal in this same accounting proceeding, this court held that the trustee should not be indemnified from the trust estate for the expense of legal services rendered and disbursements made which it had incurred in defending itself against charges of self-dealing. We also held that the trustee be surcharged individually for the expenses incurred by the objectants for legal services and disbursements in litigating the liability of the trustee arising out of the same acts of self-dealing (280 App. Div. 482). We gave no specific instructions for carrying out such directives, leaving…