In re the Estate of Adriance

Wingate, S.

Neither the diligence of counsel nor the independent research of the court has disclosed a precedent either of English or American courts which in any direct manner bears upon the main issue in this case. The controversy, in brief, concerns the propriety of a surcharge against testamentary trustees by reason of their investment in securities which, at the time of purchase, were not authorized by law, but which subsequently, during a continuance of their retention, became legal investments.

The pertinent facts upon which a decision must be based are not in dispute and are, indeed, in…