Wanamaker's Trust Estate

Opinion by

Mr. Chief Justice Schaffer,

In this proceeding Mary B. Warburton, who is the daughter of John Wanamaker, the creator of a trust under which she is a life beneficiary, seeks a surcharge against the trustee, Fidelity-Philadelphia Trust Company. The Orphans’ Court refused to make the surcharge and Mrs. Warburton has appealed.

The present controversy grows out of our decision in Warburton v. John Wanamaker Philadelphia, 329 Pa. 5, 196 A. 506, and to some extent out of an earlier case, Warburton v. Fidelity-Philadelphia Trust Company, 317 Pa. 541, 177 A. 753.

These cases resulted from the…