Legal Opinion

In re the Trust Estate of Cook

Court of Chancery of Delaware

Decided March 23, 1934PublishedCited by 17 opinions

1Opinion of the Court

The Chancellor :

The exceptions challenge the propriety of certain investments made by the trustee under the will of William H. Cook, deceased. The will did not confer upon the trustee any special liberty of judgment in the management of the trust estate.

Whether a trustee has exercised the degree of care exacted of him by the duties of his office in the matter of investments and their retention, is a question which is to be answered in the light of contemporaneous circumstances, and not in the light of subsequent events. Taft v. Smith, 186 Mass. 31, 70 N. E. 1031; Brown v. French, 125 Mass.…

2Cases cited12 opinions

  1. King v. . TalbotNew York Court of Appeals · 1869
  2. White v. ShermanIllinois Supreme Court · 1897
  3. Cornet v. CornetSupreme Court of Missouri · 1916
  4. Harrison v. First Wisconsin Trust Co.Wisconsin Supreme Court · 1926
  5. Brown v. FrenchMassachusetts Supreme Judicial Court · 1878

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3Cited by17 opinions

  1. Merchants National Bank v. FrazierAppellate Court of Illinois · 1946
  2. Wilmington Trust Company v. CoulterSupreme Court of Delaware · 1964
  3. Roberts v. Michigan Trust Co.Michigan Supreme Court · 1935
  4. Marshall v. FrazierOregon Supreme Court · 1938
  5. DuPont v. Delaware Trust CompanySupreme Court of Delaware · 1974

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