Heyl's Estate

Opinion by

Mr. Justice Schaefer,

Appellants, who are beneficiaries of this trust estate, seek to surcharge the trustees, because they invested moneys of the trust in (1) a mortgage on property which does not yield an income, (2) in a mortgage on property which does not yield sufficient income to meet taxes on the property and the interest on the mortgage, (3) in an overdue mortgage, the term of which has not been extended, without first having the real estate reappraised to ascertain its value. The learned Orphans’ Court declined to make any surcharge.

The broad proposition stated in appellants’…