McClure v. Middletown Trust Co.
Supreme Court of Connecticut
Action to recover damages sustained by several of the beneficiaries of a testamentary trust through the alleged negligence and omission of the defendant to pursue the sureties upon the bond of its predecessor, a defaulting trustee, brought to and tried by the Superior Court in Middlesex County, Málibie, Jfacts found and judgment rendered for the plaintiffs, and appeal by the defendant. This case is a companion case to that of State ex rel.
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Action to recover damages sustained by several of the beneficiaries of a testamentary trust through the alleged negligence and omission of the defendant to pursue the sureties upon the bond of its predecessor, a defaulting trustee, brought to and tried by the Superior Court in Middlesex County, Málibie, Jfacts found and judgment rendered for the plaintiffs, and appeal by the defendant. This case is a companion case to that of State ex rel. McClure v. Northrop, 93 Conn. 558, 106 Atl. 504. The facts essential upon this appeal are as follows:— Charles Brewer died in 1860, and by his will created…
1Opinion of the CourtWheeler, J.
The defendant challenges the right of the court to render judgment against it upon the facts found, because it insists that it has fulfilled all of its obligations as trustee and has not become liable through its negligence to the plaintiff beneficiaries. Determination of this question requires, primarily, consideration of the proper measure of care owed by the defendant trustee in the administration of its trust, and then ascertainment whether the measure of care applied by the court squared with this standard.
The defendant’s duty was limited to the exercise of due - diligence in the light…
2Cases cited10 opinions
- Freeborn v. SmithSupreme Court of the United States · 1865
- Green v. GaskillMassachusetts Supreme Judicial Court · 1900
- Donaldson v. AllenSupreme Court of Missouri · 1904
- Insurance Co. of North America v. GuardiolaSupreme Court of the United States · 1889
- New Haven Trust Co., Rec. v. DohertySupreme Court of Connecticut · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Colonial Trust Co. v. BrownSupreme Court of Connecticut · 1926
- City of Boston v. CurleyMassachusetts Supreme Judicial Court · 1931
- Hall v. Meriden Trust & Safe Deposit Co.Supreme Court of Connecticut · 1925
- Bowne v. IdeSupreme Court of Connecticut · 1929
- Lyman v. StevensSupreme Court of Connecticut · 1938
9 more not listed; retrieve them via the Exa API.