McCauseland's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Alice McCauseland, Alexander Mc-Causeland, Archibald McCauseland, and Catherine Craig, executors, &c., of Alexander McCauseland, from the decree of the Orphans’ Court, in the matter of the petition of Ann McNeran praying for a citation requiring them to file an account, &c.
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Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Alice McCauseland, Alexander Mc-Causeland, Archibald McCauseland, and Catherine Craig, executors, &c., of Alexander McCauseland, from the decree of the Orphans’ Court, in the matter of the petition of Ann McNeran praying for a citation requiring them to file an account, &c. The petition, which was filed January 21st 1859, set forth that Malcolm McNeran died, leaving a will devising to Thomas D. Grover, Alexander McCauseland, and Robert Coburn, and the executors, &c., of the survivor; $4000 in trust, the interest whereof, or…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
— By no recognised principle can an allowance of commissions upon the trust fund itself be justified. The bequest to the trustee was of $4000 in the loan of the District of Southwark, an investment made by the testator, and for which he held the certificates. It was a specific bequest. The investment was never changed by the trustee, and could not have been except at his risk. Eor the interest on the loan he was allowed commissions, but he had incurred no responsibility for the principal, nor had he performed any labour in regard to it.…
2Cited by5 opinions
- Harrison's EstateSupreme Court of Pennsylvania · 1907
- Fiscus's EstateSuperior Court of Pennsylvania · 1900
- Freeman EstatePennsylvania Orphans' Court, Lehigh County · 1954
- Traylor EstatePennsylvania Orphans' Court, Lehigh County · 1952
- Von Storch EstateSuperior Court of Pennsylvania · 1926