keepsie for sale and that Mr. Hatfield is endeavoring to obtain suitable offers of purchase to be submitted to the Trustees. As to the remainder interest in the James R. Roosevelt Estate, Mr. Koons was instructed to have Joseph P. Day, Inc. study the possibility of offering the remainder interest for sale at this time and submit its recommendations to the Trustees with respect thereto. IV. INVESTMENT COUNSEL AND INVESTMENT POLICY. Mr. Koons advised the Trustees that the courts in New York were divided on the question as to whether or not the expense of investment counsel was a proper charge against the trust corpus. Surrogate Delehanty in New York County ruled in 1937 that trustees have no authority to employ investment counsel at the expense of the estate, whereas the Surrogate's Court of Suffolk County in 1939 held that where there are individual trustees as distinguished from banks or financial institutions, the employment of investment counsel is permissible and a proper charge against the trust estate. There is no appellate ruling on the subject in New York and Willis & Christy agree that the law is unsettled but suggest that the ideal solution would be to charge the cost of investment counsel against income if the income beneficiary consents. Colonel Roosevelt reported that he had discussed the matter with his mother and that she desired to have the Trustees retain the services of investment counsel and charge the entire cost against income. Inasmuch as it was unanimously agreed that it was desirable to retain investment counsel, Mr. Koons (MORE) |