Legal Opinion

Manderson's Appeal

Supreme Court of Pennsylvania

Decided October 4, 1886PublishedCited by 14 opinions

ApreAL from the Orphans’ Court of Philadelphia county: Of January Term 1886, No. 162. This was an appeal by William A. Manderson from a decree of said court disallowing bis claim of $1,300 for professional services as attorney at law, rendered at the instance of tlie trustee, necessary and beneficial to said estate.

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ApreAL from the Orphans’ Court of Philadelphia county: Of January Term 1886, No. 162. This was an appeal by William A. Manderson from a decree of said court disallowing bis claim of $1,300 for professional services as attorney at law, rendered at the instance of tlie trustee, necessary and beneficial to said estate. The following facts appeared before the auditing judge, Penrose, J.: Alexander Thackara, surviving executor and trustee under tho will of William G. Mintzer, deceased, defended certain litigations in which he was summoned as garnishee, proceedings in sequestration, and proceedings…

1Opinion of the CourtJustice Sterrett

It appears from the finding of the learned auditing judge that the professional services for which compensation is claimed, were rendered by appellant, at the instance of the former trustee, in the due administration of the trust estate, and for the manifest benefit thereof. If the legal proceedings against the estate had not been successfully resisted, a considerable portion of the trust fund would doubtless have been permanently diverted, and improperly appropriated to purposes never contemplated by the donor. In view of the effort made to defeat, in part at least, the trust he was chosen…

2Cited by14 opinions

  1. Hempstead v. Meadville Theological SchoolSupreme Court of Pennsylvania · 1926
  2. Jones v. MuirSupreme Court of Pennsylvania · 1986
  3. Peoples-Pittsburgh Trust Co. v. Pittsburgh United Corp.Supreme Court of Pennsylvania · 1939
  4. Carpenter v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1904
  5. Estate of ArnebergWisconsin Supreme Court · 1924

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