Commercial Trust Co. v. Barnar

142 A.2d 865 (1958)

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Nature of the Case

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Facts

Isaac created a trust of 6 percent corporate bonds having a face value of $1,267,000. The net income was to be divided equally among his three daughters, the remainder of the share of each to her issue. The corpus was invested in tax-exempt government bonds under the advice of the settlor's brother who possessed a veto power. This upset the beneficiaries who filed against the trustee for their low return investments. Evidence showed descending yields in the trust falling from 4.27 percent to a low of 1.51 percent in 1955. Beneficiaries argued that a change in investment policy should have been considered when the yield fell below 2.25% in 1945. They showed evidence that other trusts were returning 4.25% or better and sought to hold the trustee liable for this difference. The trustees introduced evidence regarding the tax brackets of the daughters as one being at 83% and the other at 68%. The trustee argued that their strategy produced better net results. The trial court agreed, and this appeal resulted.