Lessig v. National Iron Bank of Pottstown

Opinion by

Mr. Justice Linn,

This appeal is from judgment for plaintiff, on a case stated for the opinion of the court, surcharging defendants with $2,500 and interest, wrongfully deducted by them from trust property. While such an inquiry frequently involves two issues, (1) whether a surcharge should he imposed, and (2) in what amount, in this case the amount is agreed to and the only question is whether defendants are liable for it. Generally ques tions of surcharge arise on exceptions to a fiduciary’s account in which he takes credit for such expenditures by charging, them against the trust,…