Henry Estate

Opinion by

Me. Chief Justice Bell,

Appellant seeks a surcharge against testamentary-trustees for losses incurred by them on sales of three securities. The narrow question thus raised involves a construction of the investment powers conferred by the Will of W. Barklie Henry.

Mr. Henry died December 24, 1930, leaving a Will dated January 13, 1913. In his Will and codicils, Henry created a trust for the benefit of his wife and his surviving children, including his daughter, Alice E. Henry von Briesen * and her issue. That trust still subsists.

On February 26, 1963, the trustees, Barklie McKee Henry…