Bender's Estate

Opinion by

Mr. Justice Kephart,

These appeals are from the decree of the orphans’ court refusing to surcharge both the executrix and the trustee for moneys collected and embezzled by the attorney representing the estate. In the first appeal the trustee *202seeks to surcharge the executrix; in the second, the executrix and a remainderman wish to surcharge the trustee. Both appeals will be considered in their order in this opinion.

John C. Bender died in March, 1912. By will his wife was appointed executrix and'his residuary estate was bequeathed to the York Trust Company, as trustee for his widow for…