Montgomery's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1876, No. 102. ■ Appeal of John T. Montgomery and Alida G., his wife, from the decree of the court in the matter of awarding commissions to the executors under the will of Edward Wharton, deceased. Edward Wharton died in May 1873, having made a will in which he appointed the Pennsylvania Company for Insurance on Lives, &c., his executors.
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Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1876, No. 102. ■ Appeal of John T. Montgomery and Alida G., his wife, from the decree of the court in the matter of awarding commissions to the executors under the will of Edward Wharton, deceased. Edward Wharton died in May 1873, having made a will in which he appointed the Pennsylvania Company for Insurance on Lives, &c., his executors. The testator, after creating certain trusts in favor of Mrs. Kate Lawrence, and of his son, an infant, to the extent of $20,000, bequeathed the residue of his estate to his sister, Mrs. •…
1Opinion of the CourtJustice Gordon
The compensation of a trustee, of any character, may be arrived at, as a matter of convenience, by the way of a percentage on the amount of receipts and disbursements. But, after all, on all authority, it is a question, not of percentage, but of compensation. When the court has fairly responded to the interrogatory, how much has the trustee earned ? it has discharged its whole duty in the premises. It, therefore, comes to nothing to say, the percentage is large or the percentage is small as compared with the estate, if the executor has received neither less nor more than what his services are…
2Cases cited1 opinion
- In re Harland's AccountsSupreme Court of Pennsylvania · 1835
3Cited by14 opinions
- Williamson EstateSupreme Court of Pennsylvania · 1951
- Harrison's EstateSupreme Court of Pennsylvania · 1907
- Estate of Peabody v. Lawrence CollegeWisconsin Supreme Court · 1935
- Miller's EstateSuperior Court of Pennsylvania · 1938
- Estate of GetzSuperior Court of Pennsylvania · 1992
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