Legal Opinion

Appeal of Baker

Supreme Court of Pennsylvania

Decided April 16, 1888No. 183PublishedCited by 2 opinions

FROM THE DECREE OF THE ORPHANS’ COURT OF PHILADELPHIA COUNTY. No. 183 January Term 1888, Sup. Ct.; court below, No. 298 January Term 1884, O. C. On January 20, 1887, an account was filed by Charles C. Baker, entitled the first partial account of Charles C. Baker, George W. Baker and Caroline Haman, trustees of Anna M. Deal, under the will of George Baker, deceased, in which the accountants for amounts awarded by the Orphans’ Court out of the estate of George Baker, deceased,…

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FROM THE DECREE OF THE ORPHANS’ COURT OF PHILADELPHIA COUNTY. No. 183 January Term 1888, Sup. Ct.; court below, No. 298 January Term 1884, O. C. On January 20, 1887, an account was filed by Charles C. Baker, entitled the first partial account of Charles C. Baker, George W. Baker and Caroline Haman, trustees of Anna M. Deal, under the will of George Baker, deceased, in which the accountants for amounts awarded by the Orphans’ Court out of the estate of George Baker, deceased, were Charged, June 12,1884, ..... $201.02 November 10,1884, .... 1,741.33 Interest,.....$111.36 Credited, various…

1Opinion of the Court

Opinion,

Mr. Justice Paxson :

We might well affirm this decree upon the opinions of the court below and the auditing judge. They both cover the ground fully, and the only reason we add one word thereto is to emphasize the principle upon which their decree rests, that a trustee will not, under any circumstances, be allowed to make a profit out of the trust funds. Whatever profit arises therefrom in any way belongs to the owner of the fund, and not to its custodian. As was said in Norris’s Appeal, 71 Pa., at page 125: “It is a well-settled rule that where a trustee speculates with the trust funds…

2Cases cited2 opinions

  1. McLaughlin v. FultonSupreme Court of Pennsylvania · 1883
  2. Seguin's AppealSupreme Court of Pennsylvania · 1883

3Cited by2 opinions

  1. Flynn's EstateSuperior Court of Pennsylvania · 1902
  2. PA. Environ. Defense Fd., Aplt. v. Com & Gov. WolfSupreme Court of Pennsylvania · 2021

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