Legal Opinion

Mylin's Estate

Superior Court of Pennsylvania

Decided February 25, 1907No. Appeal, No. 216PublishedCited by 9 opinions

Appeal, No. 216, Oct. T., 1905, by J. H. Rathfon, Receiver of the City Saving Fund and Trust Company, Trustee and Accountant, from decree of O. C. Lancaster Co., April T., 1902, No. 21, dismissing exceptions to adjudication in estate of Francis Mylin, deceased. Exceptions to adjudication.

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Appeal, No. 216, Oct. T., 1905, by J. H. Rathfon, Receiver of the City Saving Fund and Trust Company, Trustee and Accountant, from decree of O. C. Lancaster Co., April T., 1902, No. 21, dismissing exceptions to adjudication in estate of Francis Mylin, deceased. Exceptions to adjudication. The exceptions were as follows : 1. The court erred in surcharging the accountant with $614.52, commissions on the principal. 2. The court erred in refusing to allow the accountant any commissions on the corpus of the estate. 3. The court erred in surcharging the accountant with $30.00, counsel fees paid. 4.…

1Opinion of the Court

Opinioít by

Beavek, J.,

The City Savings Fund & Trust Company, trustee of the estate of Francis Mylin, at the beginning of the administration of its- trust “ took out of the head of the heap ” the sum of $514.52, 5% of the gross amount, as its commissions on the corpus of the estate. Within three years thereafter the trustee, because of its insolvency, surrendered the management of the estate and filed its account. That account showed the corpus of the estate diminished by the sum of 1678.32, somewhat more than the amount appropriated by the trustee at the beginning of the administration of the…

2Cases cited1 opinion

  1. Bosler's EstateSupreme Court of Pennsylvania · 1894

3Cited by9 opinions

  1. Ehret EstateSupreme Court of Pennsylvania · 1967
  2. Snyder EstateSupreme Court of Pennsylvania · 1943
  3. Estate of Victoria S. Murray, Dec'd.Superior Court of Pennsylvania · 1931
  4. Estate of Jesse MillmanSuperior Court of Pennsylvania · 1933
  5. Ehret EstateSupreme Court of Pennsylvania · 1967

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