Appeals of During
Supreme Court of Pennsylvania
From tbe Common Pleas of Philadelphia : January 17, and four subsequent days, and also re-argued February 12th. These appeals were taken from the decree of the court below, discharging Weber and McKean from their office as insolvent trustees of the members of the firm of R. & J. Phillips, and confirming the report of the auditor, finding that the appellees had no funds in their hands and that they had not by neglect of duty or mismanagement of the trust, rendered themselves…
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From tbe Common Pleas of Philadelphia : January 17, and four subsequent days, and also re-argued February 12th. These appeals were taken from the decree of the court below, discharging Weber and McKean from their office as insolvent trustees of the members of the firm of R. & J. Phillips, and confirming the report of the auditor, finding that the appellees had no funds in their hands and that they had not by neglect of duty or mismanagement of the trust, rendered themselves liable to any sum of money. Pending these appeals the Common Pleas again referred the matter to an auditor, who after…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, O. J.
It is unnecessary to examine all the respondent’s points, for at least one of them is well taken; or to sift the evidence with which the cause is loaded, in order to prove that they ought to have known more than they actually knew. They are not chargeable for negligence or ignorance; for it is a sound rule in Pennsylvania, and perhaps in England, though the decisions are discrepant there, that a trustee who has acted faithfully and by advice' of counsel, is not answerable for mistake. The most prudent could do no more. It was said in…
2Cases cited4 opinions
- Carson v. M'FarlandSupreme Court of Pennsylvania · 1828
- Morris v. TarinSupreme Court of the United States · 1785
- Rapalje v. EmorySupreme Court of the United States · 1790
- Dey v. MurrayNew York Supreme Court · 1812
3Cited by10 opinions
- Dempster's EstateSupreme Court of Pennsylvania · 1932
- Gould v. McFallSupreme Court of Pennsylvania · 1888
- Stirling's EstateSupreme Court of Pennsylvania · 1941
- Wanamaker's Trust EstateSupreme Court of Pennsylvania · 1940
- Martin's EstateSuperior Court of Pennsylvania · 1938
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