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2 Del. Ch. 266

Richards v. Seal

Court of Chancery of Delaware

Decided February 15, 1861

Court of Chancery of Delaware · decided 1861-02-15

Bill in equity for breach of' trust.—Rachel Seal, Joshua T. Seal and Edward Grubb, being executors of the will of William Seal deceased, were also trustees under the will of a legacy of $3400 bequeathed to Sarah Sheron. By their testamentary account, passed March 14th, 1823, they credited themselves with the amount of this-legacy as so much of the assets held by them as trustees.

Decided 1861-02-15

The Chancellor,

¶1after holding the case under advisement, considered that the ignorance of Mrs. Seal was no defence, it being the result of her negligence, which of itself was a breach of trust, and that she was chargeable with a loss which her diligence might have prevented. He, therefore, granted a decree charging her estate, as well as Joshua T. Seal’s, with the trust fund and its interest.

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