Harrison's Estate
Supreme Court of Pennsylvania
Appeal, No. 95, Jan. T., 1906, by Clara E. Durant, from decree of O. C. Phila. Co., dismissing exceptions to adjudication in Estate of Joseph Harrison, Jr., deceased. Exception to adjudication.
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Appeal, No. 95, Jan. T., 1906, by Clara E. Durant, from decree of O. C. Phila. Co., dismissing exceptions to adjudication in Estate of Joseph Harrison, Jr., deceased. Exception to adjudication. From the record it appeared that the accountants, who were the executors under the will of Joseph Harrison, Jr., deceased, sold certain real estate in the city of Philadelphia for $1,000,000, $100,000 in cash and the reservation of a ground rent capitalized at $900,000. The accountants claimed as commissions three per cent on $1,000,000. The auditing judge, Ashman, J., allowed the commissions. The…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
In Harland’s Accounts, 5 Rawle, 323, Chief Justice Gibson delivering the opinion of the court says (p. 330): “ Though usually awarded in the form of commission, the rate (of compensation of trustees) is not determinable by any established practice or rule, being graduated to the responsibility incurred, the amount of the estate, and the sum of the labor expended. It may be awarded even in a gross sum, according to a common practice in the country, which I take to be the prefer*209able one, as it necessarily leads to an examination of the nature, items, and actual…
2Cases cited5 opinions
- In re Harland's AccountsSupreme Court of Pennsylvania · 1835
- Montgomery's AppealSupreme Court of Pennsylvania · 1878
- McCauseland's AppealSupreme Court of Pennsylvania · 1861
- Moore's EstateSupreme Court of Pennsylvania · 1905
- Appeal of BrolaskyPennsylvania Orphans' Court, Philadelphia County · 1883
3Cited by34 opinions
- Williamson EstateSupreme Court of Pennsylvania · 1951
- Gardner's EstateSupreme Court of Pennsylvania · 1936
- McCaskey's EstateSupreme Court of Pennsylvania · 1932
- Griffith's EstateSuperior Court of Pennsylvania · 1929
- Burke AppealSupreme Court of Pennsylvania · 1954
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