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LENTZ ESTATE (03/20/50)

March 20, 1950

LENTZ ESTATE


Appeals, Nos, 81 to 84, inclusive and 32 to 35, inclusive, January T., 1950, from decree of Orphans' Court of Montgomery County, May 3, 1949, No. 36,351, in Estate of William O. Letz, Deceased. Decree affirmed.

COUNSEL

Alfred L. Taxis, Jr., with him William J. Grove and Grove & Taxis, for Horace D. Lenta, appellant.

William J. Moran, Jr., with him J. B. Hillegass and Hillegass & Moran, for Frances Edna Brooks Lentz et al., appellants.

Frederick B. Smillie, with him Paul A. Davis, 4th, Carroll R. Wetzel, Barnes, Dechert, Price, Myers & Clark, and Smillie, Bean & Scirica, for appellee.

Before Maxey, C.j., Drew, Linn, Stern, Patterson, Stearne and Jones, JJ.

Author: Stearne

[ 364 Pa. Page 305]

OPINION BY Mr. Justice ALLEN M. STEARNE

These are eight appeals from a final decree of the Orphans' Court of Montgomery County refusing to surcharge a corporate trustee for losses sustained upon the conversion of certain securities of the trust estate.

[ 364 Pa. Page 306]

Testator died November 16, 1925, leaving a will dated October 25, 1922, duly probated, giving the residue of his estate to a trust company, in trust, inter alia, to pay his widow two-thirds of the net income for her support and that of their two named sons, and one-third to a named son by a former marriage. Upon the death of the widow, the entire income was directed to be paid, in equal shares, to the three sons until the youngest should attain the age of 21 years, when the corpus was distributable to testator's descendants per stirpes. The widow and the sons survived and are still living.

At the request of the widow the present interim account was filed by the trustee and audited.

One of the sons, Francis B. Lentz, was a minor at the date of the audit but reached his majority during this litigation. He was represented at the audit by a guardian ad litem. Children and a minor grandchild of the son LaFayette Lentz were joined. The same guardian and trustee ad litem was appointed for the minor grandchild and for all unascertained persons.

At the audit the widow, her two sons, and the guardian and trustee ad litem, sought a surcharge against the trustee because of alleged undue retention by the trustee of specified securities which, ...


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