Estate of Jesse Millman

Opinion by

Keller, J.,

The question at issue in this appeal is whether a corporate trustee, — now in the hands of the Secretary of Banking, — which faithfully performed its duties as trustee for fifteen years, without loss to the estate, is to be deprived of all commissions on the corpus of the fund on surrendering the trust, before its termination, because of insolvency, where it does not appear that such insolvency was due toi the misconduct of its officers.

The court below held that the Secretary of Banking, on filing the final account on behalf of such trust company as trustee, was entitled…