203 Pa. 488 | Pa. | 1902
Opinion by
Appellant’s second and third assignments of error are as follows :
“ 2. The court below erred in surcharging the trustee with alleged profit on 150 shares of Peerless Brick Company stock, viz : $8,749.50.
“ 3. The court below erred in surcharging the trustee with interest amounting to $15,474.80, upon an alleged value of 150 shares of Peerless Brick Company stock.”
The general statement of facts in appeal of Charles Plenry Hart from decree of orphans’ court, surcharging him as executor with $10,000 .¿Etna Iron Company bonds, opinion handed down this day, covers all that is material as a history of the case in this appeal.
What ought appellant to have been charged for 150 shares of “ Peerless Brick Company ” and other stocks, which, about November, 1890, he took from the securities of the estate and appropriated to his own use ? It was, unquestionably, such an appropriation, although his methods, as disclosed by his account, do not clearly show this, for he continued to charge him
The assignment of error is overruled and the decree of the court below in the particular we have discussed is affirmed.