Barry v. Richards

The difficulty in this case arises from the manner in which the trust was created and administered and the lack of records reflecting its administration. The trial court observed in its written decision the defendant indulged in some questionable practices in respect to his duty as trustee and endeavored to co-operate with the widow and her family to the fullest extent and relied heavily on their mutual attorney. In approving the accounts, the trial court stated the defendant “rendered as accurate and detailed a report and account as available data made possible.” The basic questions are…