Chestnut Street Trust & Saving Fund Company's Assigned Estate

Opinion by

Mr. Justice Mestrezat,

The learned auditor has found and stated the facts of the case, and we think they sustain his conclusion. We recognize the importance of the principle involved and the hardship to the claimant if unsuccessful, as suggested by appellant’s counsel, but if the principle ruling the case is settled law, as we think it is, we cannot disregard it and permit “ a hard case to make bad law.” If in such cases, cestui que trustent should have better protection from trust companies which are permitted to become sureties on the bonds of their trustees, the remedy is with the…