Public-domain · open source
OpenJurist

26 Pa. D. & C. 376

Robb's Estate

Pennsylvania Orphans' Court, Philadelphia County · decided 1936-05-01

Decided 1936-05-01

Klein, J.,

¶1We have studied carefully sections 4 and 5 of article V of the indenture of mortgage, and agree with the auditing judge that they fix the manner in which the corporate trustee must distribute the funds it derives from the management of the mortgaged building when it takes possession, as in this case, upon default by the mortgagor.

¶2The bonds are indelibly stamped with the conditions and covenants contained in the indentures of mortgage. The provisions with respect to the distribution of the disputed fund between principal and interest are as binding upon the accountant as they are upon the corporate trustee.

¶3The entire question has been ably treated by the learned auditing judge in the adjudication, in his usual thorough manner, and we are in full accord with his conclusions for the reasons stated by him.

¶4The exceptions are therefore dismissed and the adjudication confirmed absolutely.

/26/padc/376 · .json · Public domain