Rackley v. Mathews

In a suit by a cestui against the administrator of a deceased trustee for an accounting for and recovery of a trust fund, decree was in favor of plaintiff for the amount of the fund, the subject of the trusteeship, and interest.

The record shows conclusively that the fund was re ceived by the trustee for the purpose of being invested at the discretion of the trustee for the use and benefit of the cestui in 1925 and there is substantial evidence that trustee commingled the funds with his own, kept no book accounts or other records of the handling of the fund up to the time of his death, which…