The following excerpt is from Woodruff v. New York, L.E.&W.R. Co., 129 N.Y. 27, 29 N.E. 251 (N.Y. 1891):
of their duties, including counsel fees. In Downing v. Marshall, supra, the court said that persons acting in autre droit, as executors, administrators, trustees, guardians, receivers, etc., are, upon a faithful execution of their trusts, to be indemnified out of the trust property for all expenses necessarily incurred in the faithful performance of their duties. There can be no reasonable doubt but that the general rule is that trustees and others acting in a fiduciary capacity are entitled to reasonable allowances for costs and expenses incurred in the course of the performance of their duties, out of a fund which has been secured or protected by their efforts.
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