Beatty's Estate
Supreme Court of Pennsylvania
Appeal, No. 215, Jan. T., 1905, by Robert Stewart, Trustee, from decree of O. C. Phila. Co., Jan. T., 1884, No. 87, dismissing exceptions to adjudication in Estate of James Beatty, deceased. Excéptions to adjudication. The facts are stated in the opinion of the Supreme Court. Frrórs assigned were in dismissing exceptions to adjudication.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
It is only repeating a familiar rule to say that where there are cotrustees, each is liable individually no further than assets have come to his hands, except for his own fraud or negligence. It is the exception that involves the appellant in this case. He accounted for everything that he himself handled, *451he was guilty of no fraud, but he was adjudged by the court below to have negligently omitted a duty in connection with his trust, which, had it been performed, would have avoided the loss which resulted to the estate from the fraudulent conduct of his…
2Cases cited1 opinion
- Quin v. BradySupreme Court of Pennsylvania · 1844
3Cited by5 opinions
- Estate of WhitneyCalifornia Court of Appeal · 1932
- American Bonding Co. of Baltimore v. RichardsonCourt of Appeals for the Sixth Circuit · 1914
- Ralston v. EasterCourt of Appeals for the D.C. Circuit · 1915
- Burnham v. National Surety Co.California Court of Appeal · 1932
- Trust Companies, Pennsylvania Department of Justice1923