Public-domain · open source
OpenJurist

2 Del. Ch. 83

Brooks v. Egbert

Court of Chancery of Delaware

Decided February 15, 1840

Court of Chancery of Delaware · decided 1840-02-15

Bill against trustee por account—Compensation.— Mary Oliver, one of the complainants, having a judgment against James Bradford for $2,191.41, assigned it to the defendant in trust for Bradford’s wife, Elizabeth C. Bradford, (who was sister of the complainant, Mary Oliver,) for her separate use during her lifetime, and after her death for her children.

Decided 1840-02-15

Johns, Jr., Chancellor.

¶1I would make the trustee some allowance for his care and trouble if I did not feel myself bound by the rule of equity that a voluntary trustee cannot, without a stipulation to that effect, be allowed compensation for his services. I consider that his undertaking bound him, not merely to the passive but to the active exercise of his trust,—to collect, as well as to receive and apply. In stating the account he will be allowed for expenses paid and be saved from loss, but without compensation.

¶2Decree affirmed by the Court of Errors and Appeals, at the June Term, 1840. 3 Harring. R. 110.

/2/delch/83 · .json · Public domain