In re Estate of Binder

I am unable to concur m the conclusion reached by my associates in these appeals.

My dissent is not from any rule of law or principle of equity announced by them. The divergence arose when we attempted to apply those principles to the data relating to the transactions disclosed by the record.

That a trustee is required to exercise reasonable diligence and discretion in complete good faith with the single purpose of promoting the nest interest of the trust is indisputable. The rule and the sound policy upon which it is based has not been questioned for centuries. Unless accepted, standards of…