MacBryde v. Burnett

PARKER, Circuit Judge.

These are consolidated appeals in a suit to charge as trustee one Paul M. Burnett, hereafter referred to as the defendant, who under agreement with one Sara J. Parker handled a fund devised to her for life with power of appointment. The facts are complicated but are fully set forth in the opinion of the lower court. See MacBryde v. Burnett, D.C., 44 F.Supp. 833. The District Judge found that a trust existed, charged the defendant with the amount of funds used in the purchase of certain stocks, with interest thereon, and refused to allow commissions. He denied the claims…