Lare Estate

Concurring and Dissenting Opinion by

Mr. Justice Roberts:

I fully agree with the majority’s decision to hold this professional corporate fiduciary liable for breaching its fiduciary duties. I must, however, dissent from the limitation which the majority places on the extent of the bank’s liability. I cannot agree that principles of res judicata bar surcharge for the period of 1944 *16to 1949. Nor can I agree that the rate of surcharge must be fixed at six percent per annum.

I start with two settled propositions. An account of a fiduciary, confirmed by the court, is only conclusive as to what it…