Four members of a firm of solicitors were trustees of large settlement, and money was paid into the firm’s client account in their name. Those trustees misappropriated the money. Helen, another partner in the firm had no actual knowledge of the misappropriation and acted throughout honestly and reasonably in regard to the firm’s affairs, although as a partner he had access to documents, the inspection of which might have revealed a breach of trust. Helen died before the proceedings were commenced by the trustor.
Based on the facts above:
Advise the trustor as to his rights against Helen’s executors.
Explain if your answer would be different if Helen knew about the misappropriation.