Harton's Estate

Opinion by

Mr. Justice Maxey,

This case involves cross appeals from a decree settling the account of a testamentary trustee, to certain items of which, representing investments in mortgages and real estate, the beneficiary filed exceptions in the court below, demanding surcharges. The court in its decree surcharged the accountant as to one mortgage investment but dismissed all the remaining exceptions. From the former ruling the accountant has appealed; and from the latter the beneficiary.

The trust was created by the will of George M. Hartón, deceased, who died in 1920. The relevant provision…