Fidelity-Philadelphia Trust Co. v. Ball

I respectfully dissent only from that portion of the majority opinion which holds that the relief sought in the counterclaim, against the co-trustees as individuals was improper.

The majority opinion acknowledges that the trial court was advised of the nature of the counterclaim when it permitted the intervention, and that its order must be interpreted, as an exercise of its proper discretion, in permitting the filing of the claim set forth in the counterclaim. The prayer of the counterclaim sought relief against the appellants, as co-trustees, or individually, and also prayed for general…