In re the Judicial Settlement of the Account of Widmayer

Varnum, S.

The decedent, under his will, gives certain incomes from trust funds to his children. One of these beneficiaries was appointed an executor and trustee. His cotrustees brought an action in the Supreme Court against him for malfeasance, which resulted in a decree removing him from office and in a judgment in about the sum of $5,000 against him and in favor of the plaintiffs, as trustees. The defendant trustee became hopelessly insolvent, and other judgments were entered against him. Hone the less, the acting executors and trustees paid the income under the will which belonged to this…