Shaner Estate

Pennsylvania Orphans' Court, Montgomery County

Decided November 2, 1961

Pennsylvania Orphans' Court, Montgomery County · decided 1961-11-02

Relies on In re the Estate of Hirsch · English v. McIntyre

Decided 1961-11-02

Taxis, P. J.,

¶1... In examining the present account, one matter need be discussed. Several entries in this account seem to indicate quite clearly that the executors have been purchasing securities on margin. This is improper fiduciary action. Cf. Restatement of Trusts 2d §227, comment (f); English v. McIntyre, 51 N. Y. S. 697 (App. Div., 1898); In re Hirsch’s Estate, 101 N. Y. S. 893 (App. Div., 1906). ...