O'Brien's Estate
Superior Court of Pennsylvania
Appeal, No. 54, Oct. T., 1914, by William F. Brennan, Executor, dismissing exceptions to adjudication in Estate of John O’Brien, deceased. Exceptions to adjudication. The adjudication filed by Gummby, J., was in part as follows: Objection was also made to the commissions credited in the account in the sum of $1,207.32, being five per cent on $24,146.31, of which $17,500 represents 175 shares of stock of the American News Company, appraised at the par value of $100 per share.
Read the full summary
Appeal, No. 54, Oct. T., 1914, by William F. Brennan, Executor, dismissing exceptions to adjudication in Estate of John O’Brien, deceased. Exceptions to adjudication. The adjudication filed by Gummby, J., was in part as follows: Objection was also made to the commissions credited in the account in the sum of $1,207.32, being five per cent on $24,146.31, of which $17,500 represents 175 shares of stock of the American News Company, appraised at the par value of $100 per share. The services rendered by Mr. Brennan are set forth in his statement hereto annexed, from which it appears that he…
1Opinion of the Court
Opinion by
Head, J.,
It is doubtless true many cases may be cited which speak of the commissions or percentage due to an executor or trustee for services rendered in the discharge of official duty. But it is equally clear that whenever it has been necessary to define the legal status of a trustee in this respect, the courts have uniformly held that what such trustee is by law entitled to receive is compensation for responsibility necessarily assumed and services performed in the execution of the trust: Harland’s Accounts, 5 Rawle, 323; Montgomery’s App., 86 Pa. 230; Harrison’s Est., 217 Pa.…
2Cases cited4 opinions
- Harrison's EstateSupreme Court of Pennsylvania · 1907
- In re Harland's AccountsSupreme Court of Pennsylvania · 1835
- Montgomery's AppealSupreme Court of Pennsylvania · 1878
- Davis's AppealSupreme Court of Pennsylvania · 1882
3Cited by2 opinions
- Williamson EstateSupreme Court of Pennsylvania · 1951
- Williamson EstateSupreme Court of Pennsylvania · 1951