In Re Mullen's Estate

The position of the administrator is one of trust and confidence. (2 R.C.L., p. 6.) Here, the administrator, as trustee for the beneficiaries, had knowledge that should have enabled him to protect the property of the estate against the bank's failure, and his neglect in so doing was a breach of his trust; he was occupying a dual position in that he was cashier and a stockholder in the bank and also administrator of the Mullen estate; his duties between the bank and his trust conflicted, and he shielded the bank and used his trust to protect the bank's interest instead of withdrawing the…