Turnbull v. Pomeroy

William Turnbull is one of five partners making up the firm of William Turnbull and Company, and has forty-seven per cent of the net profits. He is also one of three trustees under the will of Theodore Pomeroy. The question submitted to us, by agreement of all parties, is whether a considerable sum paid to that firm for commissions and guaranty on sales of goods manufactured by those trustees was properly so paid, or whether the whole or some part of it ought to be accounted for as assets of the trust.

The trust is a peculiar one. The testator, after expressing his hope that one or' both of…