316 Mass. 106 | Mass. | 1944
This bill is prosecuted in behalf of shareholders of Old Colony Trust Associates, an association organized under a declaration of trust dated May 14, 1928, against - trustees of the association and the representatives of a deceased trustee to compel the defendants to reimburse the trust for sums expended by them out of assets of the trust for counsel fees and expenses incurred in the defence of a former suit in the Superior Court, entitled Usher v. Abbott, brought in behalf of shareholders against the present defendants and others for alleged breaches of trust in the management of this same association. The plaintiff appeals from a decree dismissing the bill.
It may be well to clear up at the outset a seeming misconception as to the record now before us. The printed record contains a copy of a stipulation signed by counsel for the parties, wherein it was agreed, among other things, that the original papers and files of the Superior Court in Usher v. Abbott might be used by any party in argument before this court, and that a copy of the master’s report in that case, “introduced in evidence as an exhibit by the plaintiff, need not, if the court approves, be printed, but shall be deemed a part of the record and may be presented to the Supreme Judicial Court for the Commonwealth at the time of argument or of submission on briefs.” The trial judge did not
•Important findings of the judge are these: The breaches of trust originally alleged by the plaintiffs in Usher v. Abbott were (1) that in 1930 the trustees improperly caused the trust to purchase twenty thousand shares in The First National Bank of Boston at the unwarranted price of $2,360,000, and thereby brought about a loss of $1,860,000; (2) that in 1930-1932 the trustees improperly caused the trust to purchase twenty-three thousand seven hundred
In general, a trustee is entitled to look to the trust fund for the reasonable cost of making a successful defence against charges of maladministration brought against him without fault on his part. Bogle v. Bogle, 3 Allen, 158, 161. Forward v. Forward, 6 Allen, 494, 497. Loring v. Wise, 226 Mass. 231, 234-235. Andrist v. First Trust Co. 194 Minn. 209. Scott on Trusts, § 188.4, § 244. G. L. (Ter. Ed.) c. 206, § 16. Compare Urann v. Coates, 117 Mass. 41, 44; Mealey v. Fegan, 274 Mass. 599; Comstock v. Bowles, 295 Mass. 250, 263. See Creed v. McAleer, 275 Mass. 353, 358; Crowell v. Styler, 314 Mass. 122. It is unnecessary to describe express provisions in the declaration of trust which it is contended are to the same effect. A trustee does not lose this right merely because at some other time he may have become
The plaintiff further contends that the payments were excessive in amount, particularly the total payment of $150,000 for services to the firm of attorneys first mentioned, who represented all but one of the trustees. But the trial judge has found that all these payments were reasonable and proper, and without the evidence we have no basis on which to say that the findings were wrong. We cannot say, contrary to the judge’s finding, that the first mentioned firm' did not spend ten thousand eight hundred fifty-three hours on the case. This would seem to amount to the continuous work of about five years, if performed by one lawyer. And if the amount involved was from $4,000,000 to $6,000,000; if the case was as difficult and as complicated as the judge finds it was; if the attorneys were as eminent and their services in as great demand as the judge has found; and if the outcome was “very favorable to the defendants,” as the judge says it was, we cannot rule as matter of law that the charge was excessive.
Decree affirmed with costs.