Hepburn v. Spotts

31 A. 1083, 168 Pa. 346, 1895 Pa. LEXIS 801

• Court: Supreme Court of Pennsylvania
• Decided: May 20, 1895
• Docket: Appeal, No. 17
• Status: Published

Opinion

Per Curiam,

After a careful examination of the pleadings and the proofs in this case we are led to concur with the learned trial judge in the conclusions reached by him. The relation of the expenditures made by the trustee to the subsequent inability of her estate to pay her liabilities in full; the extent to which her own individual resources were made use of in the improvements made upon the trust property; and the time when her insolvency actually arose, rest on inference so largely that the facts on which the plaintiffs base their right to recover are left in very great uncertainty.

We think the court below was right in holding that the case actually presented on the pleadings and the evidence did not authorize the decree asked. His reasons are briefly and clearly stated in the opinion dismissing the bill, and they fully justify the decree made.

It is now affirmed at the cost of the appellants.