Court : US Supreme Court
Decided on : Jan-01-1853
..... not sustained. v. the fifth exception is "that the trustees should have been charged by the auditor with all gains, as with those arising from usurious loans, unknown friends, or otherwise." it is a well settled principle of equity that wherever a trustee or one standing in a fiduciary character deals with ..... well stated in his report, and we fully concur in their correctness. it will be only necessary to state them. "the sums placed by d. saunders as acting trustee, with fowler & co., were of two descriptions -- original capital, and current collections. cooper's and jones' payments were of the former description. 1. ..... $1,181 under the following agreement, entered in a pass or check book: " "city of washington, 22 may, 1841" "we hereby agree with d. saunders acting trustee of edw. durant's estate, to receive his deposits and to allow him six percent interest thereon, he to check at will." "c. s. fowler & co ..... experience has shown that the estates of orphans are more frequently wasted and lost by the carelessness of good-natured and honorable men who undertake to act as trustees than by the fraud and cupidity of men of a different character. such appointments, we are aware, are generally made on ex parte ..... he not being entitled to such commission, and not having the right to sell the bank stock without the order of the orphans' court." the acts of d. saunders as administrator de bonis non of detract are not the subject of review in this suit. he settled his account as administrator in .....Tag this Judgment!