KENNEDY TRUST


364 Pa. 310 (1950)

Kennedy Trust.

Supreme Court of Pennsylvania.

March 20, 1950.


Attorney(s) appearing for the Case

Jerome L. Markovitz, for Administrator of deceased Trustee, appellant.

John Russell, Jr., with him Morgan, Lewis & Bockius, for Fidelity-Philadelphia Trust Co., Trustee, appellant.

William H. Lathrop, with him Joseph W. Swain, Jr., J. Edgar Wilkinson and Montgomery, McCracken, Walker & Rhoads, for appellees.

Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.


OPINION BY MR. JUSTICE JONES, March 20, 1950:

The principal question on these appeals is whether the trustees under the inter vivos deed of trust, here involved, are entitled to compensation on corpus when their fiduciary duties in respect thereof terminated or, stated otherwise, are the trustees precluded by the terms of the trust instrument from claiming more for their services than the commission on income referred to in the trust indenture. The learned...

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