Miller v. Pender

The defendant trustee, whom we shall call simply the defendant, under the instrument setting up the trust fund had the power “To invest the same in such securities as said trustee shall deem proper (even though the same shall not be classified as trust investments under the laws of New Hampshire), . . .” The Court found and ruled as follows: “The trustee had a broad discretion under the provisions of the trust agreement in making and changing investments and he acted within his authority as trustee. In these matters he exercised his best judgment and the care and skill which a man of ordinary…