Alison

This action is in equity, and is brought by the plaintiffs as beneficiaries under a trust created by the will of Jonathan Thompson, deceased, against *546 defendant Isaac Goldtree, as trustee of the trust, to compel an accounting from and after the second day of October, 1892, and for the removal of the trustee. The defendants other than Isaac Goldtree were brought in as claiming some beneficial interest under the trust. Proper allegations were made showing that in another action against this trustee for an accounting it was adjudged and decreed that there was due to the trust from him the sum of twelve thousand one hundred and fifty-four dollars and sixty-eight cents. By this earlier action the transactions of the trustee were passed upon by the court from the inception of his duties to the second day of October, 1892. It is pleaded that this judgment is a final determination of the trustee’s responsibility down to the date last mentioned, and for that reason the accounting is asked only for the period of time that has since elapsed.

From the judgment obtained against him in the former action Goldtree took his appeal, and the decision of the matter, with many of the facts…