In re Estate of Hays
Supreme Court of Pennsylvania
Appeal, No. 120, Oct. T., 1897, by Charles Hays and William H. Hays, Executors, from decree of O. C. Allegheny Co., Dec. T., 1896, No. 56, dismissing exceptions to adjudication. Exceptions to adjudication. At the audit the executors claimed as compensation, $17,761.94, which was three per cent of the inventory value of the estate.
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Appeal, No. 120, Oct. T., 1897, by Charles Hays and William H. Hays, Executors, from decree of O. C. Allegheny Co., Dec. T., 1896, No. 56, dismissing exceptions to adjudication. Exceptions to adjudication. At the audit the executors claimed as compensation, $17,761.94, which was three per cent of the inventory value of the estate. The will directed as follows: “ To each of the executors of this my will and testament, I bequeath the sum of one thousand dollars, as and for compensation for their services as such executor.” The auditing judge, Over, refused to allow more than $1,000 to each of…
1Opinion of the Court
Opinion by
Mr. Justice Green,
We held in Shippen v. Burd’s Executors, 42 Pa. 461, under a will which prescribed the method and the extent of the compensation which was to be received by the executors for all the services to be performed by them, the executors were bound by *298the provisions of the will in this respect. There was a trust to be executed in relation to certain real estate, and as to this the executors claimed additional compensation because they were acting as trustees which was a service outside of their duties as executors. But we held that although this was a trust the executors…
2Cases cited3 opinions
- Harper's AppealSupreme Court of Pennsylvania · 1884
- Appeal of AllenSupreme Court of Pennsylvania · 1889
- Shippen v. Burd's ExecutorsSupreme Court of Pennsylvania · 1862
3Cited by14 opinions
- Constable's EstateSupreme Court of Pennsylvania · 1930
- Kennedy TrustSupreme Court of Pennsylvania · 1950
- In Re Duncan TrustSupreme Court of Pennsylvania · 1978
- In Re Fourteenth & Partial Account of REEDSupreme Court of Pennsylvania · 1976
- Jahn v. PerlbergCourt of Appeals of Tennessee · 1984
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