In re First National Bank

Appellant’s propositions of law, as presented here, are (1) that the trustee of a testamentary trust owes to trust beneficiaries a duty to collect and preserve the assets of the trust estate, and (2) that the beneficiary of a testamentary trust is not barred from asserting a claim against the trustee to redress a breach of the trustee’s duties by failure on the part of the beneficiary to assert a claim against the executor.

As noted in the opinion of the Court of Appeals, appellant did not file exceptions to the final account of the executor, First National Bank. The question, then, is whether…