The Accounting

The absence of a beneficiary able to inquire is not a defence; it is the circumstance in which the duty matters most.

Mrs.

Thorne’s evidence that nobody told her the compensation was excessive is accepted as truthful and is immaterial.

The standard is not what the trustee was permitted to do unchallenged.

It is what the trust was owed.

The findings:

Both trustees were removed, which was by then without practical effect because the trust had already terminated by its own terms on the tenth of June.

Compensation of one million sixty-five thousand six hundred dollars was found to be excessive to the extent of nine hundred and sixty-nine thousand six hundred dollars.