Opinion
06-15-1897
GUIMARAES et al. v. BERKING et al.
Joseph P. Osborne, for complainant. W. L. Gellert, for defendants.
Bill by Pauline Guimaraes against Max H. Berking and others for the appointment of Augustus F. Brombacher and Peter M. Tuttle as trustees under the last will and testament of Charles H. Berking, deceased. Order granted.
Joseph P. Osborne, for complainant.
W. L. Gellert, for defendants.
REED, V. C. I have come to the conclusion to appoint Mr. Augustus F. Brombacher as trustee under the last will and testament of Charles H. Berking, deceased, in the place of Pauline C. Berking, deceased. Mr. Brombacher seems to be a man of business capacity, experience, and integrity. The only objection to his appointment is his residence outside of the state, but that objection is overcome by the fact that he was named in the will of Charles H. Berking, to whom he was related by affinity, and with whom he had been closely connected in business transactions, as his adviser. He did not take upon himself the duties of executor and trustee under the will for reasons which are explained in his testimony, and which were deemed at the time to be advantageous to the estate. Those reasons no longer exist, and I have concluded to appoint him as one of the trustees. Because he lives beyond the state, I shall connect with him in the office, in response to the sentiment of the majority of the beneficiaries, Mr. Porter M. Tuttle. The estate is estimated at about $175,000. They must execute a bond in twice that amount, conditioned for the faithful performance of their duties as such trustees.