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PAUL v. GIRARD TRUST CO.

Nos. 7598, 7599.

124 F.2d 809 (1941)

PAUL et al. v. GIRARD TRUST CO. (two cases).

Circuit Court of Appeals, Seventh Circuit.

December 18, 1941.

Attorney(s) appearing for the Case

Wilson, Crites & Wilson, of Hammond, Ind. (Jesse E. Wilson, Maurice E. Crites, and Wasson J. Wilson, all of Hammond, Ind., and Thomas G. Vent, of Chicago, Ill., of counsel), for Louetta Kurrie Paul.

Vincent O'Brien, John M. Baker, and Defrees, Buckingham, Fiske & O'Brien, all of Chicago, Ill. (John Wintersteen, of Philadelphia, Pa., of counsel), for Girard Trust Co.

Before SPARKS and MINTON, Circuit Judges, and BARNES, District Judge.

MINTON, Circuit Judge.

These appeals are from an order of the court below, based upon a Master's recommendation, surcharging the defendant trustee for losses claimed to have arisen from the alleged improper retention and sale of certain securities held in trust by the defendant for the plaintiff-beneficiaries. The questions presented for the consideration of this court by the appeal of the defendant are:

(1) Was the trustee authorized by the terms of the trust...

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