HENRY ESTATE


413 Pa. 478 (1964)

Henry Estate.

Supreme Court of Pennsylvania.

March 17, 1964.


Attorney(s) appearing for the Case

Albert Blumberg, with him McClenachan, Blumberg & Levy, for guardian and trustee ad litem, appellant.

Maurice Heckscher, with him Robert W. Denious, and Duane, Morris & Heckscher, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. CHIEF JUSTICE BELL, March 17, 1964:

Appellant seeks a surcharge against testamentary trustees for losses incurred by them on sales of three securities. The narrow question thus raised involves a construction of the investment powers conferred by the Will of W. Barklie Henry.

Mr. Henry died December 24, 1930, leaving a Will dated January 13, 1913. In his Will and codicils, Henry created a trust for the...

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