In re the Estate of Cummins

OPINION OF THE COURT BY

HARTWELL, J.

The question presented by the appellants is concerning the-liability of the trustee for failing to buy for the estate forty shares of stock of the Wailuku Sugar Company, or to sell for the benefit of the trust estate the right to purchase those shares-at par, the facts being as follows:

August 10, 1903, the administrator and trustee with the will annexed of Thomas Cummins, deceased, filed his accounts to June 30, 1903, before De Bolt, J., of the First Circuit, at chambers. Thomas Cummins at his death left a will which was admitted to probate, of which will,…