Kohler Estate

Opinion by

Mr. Justice Patterson,

This appeal is from the refusal of the court below to surcharge an executrix for the alleged improper investment of the proceeds from a sale of principal real estate.

Martin Luther Kohler died August 20, 1916. By his will his daughter, Ruth K. Bates, appellee, was appointed executrix. She was empowered, but not directed, to convert decedent’s real estate and directed to “pay all moneys received by her to The Philadelphia Trust, Safe Deposit and Insurance Company of Philadelphia [now the Fidelity-Philadelphia Trust Company] in trust to invest the same and keep…