Miller v. Pender

34 A.2d 663 (1943)

Facts

Securities invested in by the trustee were taken in his own name without any marks on them to show that they belonged to the trust estate. The trustee kept the original trust certificates apart from his own in a safe in his house, and he made notations of income and remittances on separate slips such that it was possible to trace the funds and to learn the condition of trust affairs and the administration of the trust. The certificates depreciated to the tune of $7,666.44.