Legal Opinion

Adams's Estate

Supreme Court of Pennsylvania

Decided April 27, 1908No. Appeals, Nos. 81 and 82PublishedCited by 16 opinions

Appeals, Nos. 81 and 82, Jan. T., 1908, by Clara H. Adams and Martha A. Moran, from decree of O.-C. Phila. Co., Jan. T., 1894, No. 378, dismissing exceptions to adjudication in estate of Robert Adams, deceased. Exceptions to adjudication. The orphan’s court in an opinion by Ashman, P. J., dismissed the exceptions to the adjudication, Penrose, J., and Dallett, J., dissenting. The facts are stated in the opinion of the Supreme Court.

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Appeals, Nos. 81 and 82, Jan. T., 1908, by Clara H. Adams and Martha A. Moran, from decree of O.-C. Phila. Co., Jan. T., 1894, No. 378, dismissing exceptions to adjudication in estate of Robert Adams, deceased. Exceptions to adjudication. The orphan’s court in an opinion by Ashman, P. J., dismissed the exceptions to the adjudication, Penrose, J., and Dallett, J., dissenting. The facts are stated in the opinion of the Supreme Court. Errors assigned were in dismissing the exceptions of Clara H. Adams and Martha A. Moran to the refusal of the court to surcharge BL. Carlton Adams, surviving…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

The duties and liabilities of cotrustees in Pennsylvania are well settled. A trustee is not an insurer of trust funds against the possibility of loss nor a surety for his cotrustee. His undertaking is personal, requiring of him good faith and reasonable diligence, and if these requirements be met, he is not liable for losses occasioned by the bad faith or embezzlement of his cotrustee: Fesmire’s Estate, 134 Pa. 67. The law requires of the trustee fidelity to the trust, and the exercise of the same measure of diligence that a man of ordinary prudence may be…

2Cases cited2 opinions

  1. Estate of FesmireSupreme Court of Pennsylvania · 1890
  2. Jones's AppealSupreme Court of Pennsylvania · 1844

3Cited by16 opinions

  1. Nick Dardovitch v. Mark S. Haltzman, Esquire Catherine A. Backos, as Trustees of Glenn Eagle Square Equity Assoc. Trust Glenn Eagle Square Equity Associates, Inc., Mark S. Haltzman, in No. 98-1421 Nick Dardovitch v. Mark S. Haltzman, Esquire Catherine A. Backos, as Trustees of Glenn Eagle Square Equity Assoc. Trust Glenn Eagle Square Equity Associates, Inc., Mark S. Haltzman, in No. 98-1422 Nick Dardovitch in No. 98-1452 v. Mark S. Haltzman, Esquire Catherine A. Backos, as Trustees of Glenn Eagle Square Equity Assoc. Trust Glenn Eagle Square Equity Associates, IncCourt of Appeals for the Third Circuit · 1999
  2. Wilson v. Board of Directors of City TrustsSupreme Court of Pennsylvania · 1936
  3. Kline's EstateSupreme Court of Pennsylvania · 1924
  4. Pension Benefit Guaranty Corp. v. GreeneDistrict Court, W.D. Pennsylvania · 1983
  5. Dardovitch v. HaltzmanCourt of Appeals for the Third Circuit · 1999

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