Mildeberger v. Franklin

The plaintiff brings this action as a sub-' stituted testamentary trustee to procure a settlement and adjudication of his accounts for the receipt of rents of certain real estate. Under the provisions of the will in question the executors were directed to keep the buildings belonging to the estate insured and in good repair and condition and to pay all taxes and assessments and other expenses. The complaint further alleges that the rents of the real estate were received by the plaintiff for several years, and then, at the request of the defendants, the plaintiff allowed them to collect the…