NEW ENGLAND TRUST CO. v. TRIGGS


334 Mass. 324 (1956)

135 N.E.2d 541

THE NEW ENGLAND TRUST COMPANY & another, trustees, vs. DANIEL J. TRIGGS, trustee, & others.

Supreme Judicial Court of Massachusetts, Middlesex..

June 15, 1956.


Attorney(s) appearing for the Case

Robert G. Dodge, (Holbrook Campbell with him,) for the petitioners.

Daniel J. Triggs, for the respondents.

Present: QUA, C.J., WILLIAMS, COUNIHAN, & WHITTEMORE, JJ.


WHITTEMORE, J.

The petitioners appeal from a decree of the Probate Court allowing their nineteenth through twenty-fourth accounts as modified to surcharge them in the twenty-fourth account with various sums totaling $32,513.38. The principal basis of the surcharge is the judge's finding and ruling of wilful breach of trust in the premature sale of securities to benefit the trustee bank through deposit of the proceeds in its commercial department pending determination...

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