Society National Bank v. Estate of Burmeister

STATON, Judge.

The executor of the estate of Herbert Burmeister, Society National Bank ("Bank"), appeals the probate court's judgment that the Bank be surcharged the sum of $84,838.60 for losses incurred by the estate. 1 The Bank raises two issues for our review which we consolidate into one and restate as follows: whether the probate court erroneously concluded that the Bank is liable to the primary beneficiaries because it was negligent in its handling of the stock owned by the estate.

We affirm.

Herbert Burmeister ("decedent") died testate on January 8, 1990, and by the terms of his will, the…