In Re Gleeson

124 N.E.2d 624 (1954)

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Nature of the Case

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Facts

Mary Gleeson died testate on February 14, 1952. She owned 160 acres of farmland. By her will admitted to probate March 29, 1952, she nominated P executor thereof. P was also appointed as trustee under the will and the residuary estate, including the aforesaid 160 acres of land, was devised to him in trust for the benefit of decedent's 3 children, Ds. On March 1, 1950, Mary leased the 160 acres to P and William Curtin, a partnership. On March 1, 1951, she again leased the premises to the partnership for a year. Upon the expiration of this latter lease the partnership held over as tenants under the provisions thereof and farmed the land until March 1, 1953, at which time P leased the land to another tenant. The record indicates the terms thereof provided for payment to the lessor of $10.00 per acre cash rent and a share in the crops of 1/2 of the corn and 2/5 of the small grain. P's appointment as trustee was confirmed and eventually filed his first semiannual report. Ds filed certain objections; wherein the Report shows P was co-tenant of trust real estate but fails to account for share of profits received by P as co-tenant which by law should be repaid by him to trust estate.

The court overruled the objection. Ds appealed.