Legal Opinion

In re Estate of Lilly

Supreme Court of Pennsylvania

Decided May 27, 1897No. Appeal, No. 549PublishedCited by 4 opinions

Appeal, No. 549, Jau. T., 1896, by-Frederick Schier, from decree of O. C. Carbon Co., dismissing exceptions to auditor’s report. Exceptions to auditor’s report. The auditor, Frank P. Sharkey, allowed commissions to the executors at the rate of five per cent. Exceptions to the auditor’s report were dismissed by the court in an opinion by Cbaig, P. J. Errors assigned were in dismissing exceptions to auditor’s report.

1Opinion of the Court

Opinion by

Mr. Justice McCollum,

The accountants are executors of the estate of William Lilly, deceased. Twelve of the thirteen residuary legatees, being satisfied that the commissions claimed by them were reasonable, filed with the auditor a request that the same should be allowed. As twelve thirteenths of these commissions if allowed would be virtually paid by them we may reasonably infer that they gave some thought to the subject before executing and filing the request. According to the contention of the appellant, however, they elected by their request to allow the executors to receive in…

2Cited by4 opinions

  1. Griffith's EstateSuperior Court of Pennsylvania · 1929
  2. F. E. McGillick Co. v. CommissionerUnited States Tax Court · 1958
  3. Young's EstateSupreme Court of Pennsylvania · 1902
  4. F. E. McGillick Co. v. CommissionerUnited States Tax Court · 1958

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