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1 Sadler 398

Bailey's Appeal

Supreme Court of Pennsylvania

Decided February 1, 1886

Supreme Court of Pennsylvania · decided 1886-02-01

Samuel B. Bailey died seised and possessed of property' valued at about $200,000. By his will he appointed his wife, James W. Paul, and John Craig executors, giving them power to sell his real estate, either at private sale or at public auction,, “avoiding unnecessary sacrifice.” His wife survived him only about two weeks. The executors sold considerable real estate. Upon the final accounting of the executors, Marwood H. Bailey,.

Cited by 1 later decisions — most recently January 2002

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1886-02-01

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Per Curiam:

¶1A trustee should not be surcharged for a loss arising from a. mere error of judgment, when not guilty of any wilful neglect *399or default. He certainly is not liable on a mere doubtful error of judgment. That appears to be the extent of the appellees’ offending in this case. There is no error in the decree.

¶2Decree affirmed and appeal dismissed, at the costs of the appellants.

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