op. cit. supra, it is stated: 'If one trustee excludes the others from access to the books of the trust, they may obtain relief.'"
It is the duty of a trustee to give the beneficiary complete and accurate information of the trust and to permit him or a duly authorized person to examine the trust securities, accounts, vouchers and other documents if the beneficiary so requests, 1 Restatement, Trusts, § 173 and comment a. In the Wilson decision, supra, the Supreme Court of Pennsylvania, 324 Pa. at page 556, 188 A. 588, has stated that a co-trustee who has not been given the data to which he is entitled has the same right to enforce its production as has the beneficiary of the trust.
In the instant case the plaintiff alleges that the beneficiary has also demanded an accounting but the defendant has failed and refused to supply this information either to the co-trustee or the beneficiary.
"Co-trustee. If there are several trustees, one or more of them can maintain a suit against another to compel him to perform his duties under the trust, or to enjoin him from committing a breach of trust, or to compel him to redress a breach of trust committed by him. A trustee is not precluded from maintaining such a suit by the fact that he himself participated in the breach of trust, since the suit is on behalf of the beneficiary." 1 Restatement, Trusts, § 200, Comment d.
In Harris v. Silvis, 86 Pa.Super. 222, the beneficiary demanded an accounting of the trustee. The language of the opinion by Judge, now President Judge, Keller is very apt to the present proceeding. 86 Pa.Super. at page 225, 226: "It was, of course, the duty of the defendant as trustee to keep the plaintiffs fully informed of his actions under the trust agreement, to account to them whenever requested, and on the completion of his duties to give them a full, complete and detailed statement or account of his operations without any request or demand for the same. Defendant, an attorney, well knew this and the form of an account to which plaintiffs were entitled.They were entitled to know the dates when he had sold the several properties deeded to him as trustee, to whom sold, the money received by him, on what account received, and when, and the disposition made by him of the fund, showing the date when each payment was made, the payee, the purpose of the payment and the amount, accompanied by vouchers or evidences of payment if requested. Defendant averred and testified that he had furnished plaintiffs statements of account from time to time, but he presented in evidence no form or copy of any such account, and we agree with the referee that the evidence fails to sustain his contention that he rendered them any adequate account. The account presented with his answer is, as to the debit side, a mere travesty. Except for the $1,455 received from the Charleroi Bank and $100 received from Max Wolf, it does not contain a date. It does not mention to whom any of the properties were sold or from whom moneys were received. It lumps, without any dates or names, the rents received from the Pricedale property -- which, by the way, were admitted to be $25.10 short of the amount actually received, -- and from the Farrell property, and it is impossible to learn from the account what moneys were in the hands of the trustee at any given date. This was important for the defendant claimed to have advanced the trust estate $300 from his own funds at one time and $236.61 at another * * *."
In Wheeler's Assigned Estate, 287 Pa. 416, 419, 135 A. 252, 253, the Pennsylvania Supreme Court said: "The courts should be alert to see that trustees accounting to those entitled to an accounting, for it is one of the duties of a trustee to keep the cestuis que trust fully informed of his actions, and to account when requested."
This is a trust "inter vivos", the trustees were not appointed by any court, and the trust "res" is within the jurisdiction of this court.Under the decisions above cited there is no doubt that the plaintiff is entitled to complete and accurate information as to the nature and amount of the trust property and its administration, including a full, complete and detailed statement of account of the defendant's operations in connection with the trust.
The motion of the plaintiff praying that defendant be ordered to render a just, full, true and proper accounting in detail concerning all receipts and expenditures in any manner touching said trust fund from February 28, 1928, to the present time is hereby granted, and upon compliance therewith by the defendant within twenty days after the entry of a formal order, in accordance with this opinion, the defendant is ordered to produce, and permit plaintiff, its agents, attorneys and accountants, to inspect and to photograph or copy all books, papers, leases, contracts, checks, receipts, vouchers, deeds, bonds, mortgages and all other papers and documents in any manner touching the said trust estate and its care and management from February 28, 1928, to the present time. Upon full compliance with the order by the defendant, leave will be granted to the plaintiff to renew the other prayers of the complaint if justice and equity so warrant.
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