McKown's Estate
Superior Court of Pennsylvania
Appeal, No. 6, April T., 1901, by the Manhattan Life Insurance Company, from decree of O. C. Allegheny Co., April T., 1899, No. 51, sustaining exceptions to adjudication in the estate of James C. McKown. Exceptions to adjudication. From the record it appeared that the adjudication made no reference to allowance for a counsel fee to accountant. The accountant filed an exception to the effect that an allowance for counsel fee for $1,000 to her counsel had not been made.
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Appeal, No. 6, April T., 1901, by the Manhattan Life Insurance Company, from decree of O. C. Allegheny Co., April T., 1899, No. 51, sustaining exceptions to adjudication in the estate of James C. McKown. Exceptions to adjudication. From the record it appeared that the adjudication made no reference to allowance for a counsel fee to accountant. The accountant filed an exception to the effect that an allowance for counsel fee for $1,000 to her counsel had not been made. The court in entering a final decree allowed a counsel fee of $1,000. Error assigned was in sustaining exception as to the…
1Opinion of the Court
Opinion by
William W. Porter, J.,
The orphans’ court awarded a fee out of the decedent’s' estate to the accountant’s attorney. By the record of the court below, as furnished to us, nothing appears to show that the amount of the fee was objected to by the appellant at the audit; that any discussion of the matter was contained in the adjudication ; or that testimony was submitted affecting the amount of the fee, or the allegation that the services were not rendered to the executrix in her trust capacity.- This may be due to the fact that proof in claims for professional services is often omitted…
2Cases cited1 opinion
- Rowand v. Safe Deposit & Trust Co.Supreme Court of Pennsylvania · 1899
3Cited by1 opinion
- Casely's EstateSuperior Court of Pennsylvania · 1903