Estate of Wanamaker

WIEAND, Judge:

The appeal in this case is from a final decree of the Orphans’ Court Division of the Montgomery County Court of Common Pleas which refused to allow attorneys for Christopher G. Kellogg, a beneficiary of the trust estate of Rodman Wanamaker, deceased, to recover counsel fees from a fund created when the estate sold the stock of John Wanamaker, Philadelphia (“J.W.P.”) to Carter Hawley Hale Stores, Inc. (“C.H.H.”) for $60,000,000.00. This price produced, after taxes, a net of approximately $11,000,000.00 more than C.H.H.’s initial offer. The auditing judge found that legal services…