Brooks v. Egbert

Court of Chancery of Delaware

Brooks v. Egbert

2 Del. Ch. 83

DecidedFebruary 15, 1840

StatusPublished

This text of 2 Del. Ch. 83 (Brooks v. Egbert) is published on Counsel Stack Legal Research, covering Court of Chancery of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brooks v. Egbert, 2 Del. Ch. 83 (Del. Ct. App. 1840).

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Opinion

Johns, Jr., Chancellor.

I would make the trustee some allowance for his care and trouble if I did not feel myself bound by the rule of equity that a voluntary trustee cannot, without a stipulation to that effect, be allowed compensation for his services. I consider that his undertaking bound him, not merely to the passive but to the active exercise of his trust,—to collect, as well as to receive and apply. In stating the account he will be allowed for expenses paid and be saved from loss, but without compensation.

Decree affirmed by the Court of Errors and Appeals, at the June Term, 1840. 3 Harring. R. 110.

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Johns, Jr., Chancellor.

I would make the trustee some allowance for his care and trouble if I did not feel myself bound by the rule of equity that a voluntary trustee cannot, without a stipulation to that effect, be allowed compensation for his services. I consider that his undertaking bound him, not merely to the passive but to the active exercise of his trust,—to collect, as well as to receive and apply. In stating the account he will be allowed for expenses paid and be saved from loss, but without compensation.

Decree affirmed by the Court of Errors and Appeals, at the June Term, 1840. 3 Harring. R. 110.

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Bluebook (online)

2 Del. Ch. 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-egbert-delch-1840.