Legal Opinion

Weed's Estate

Supreme Court of Pennsylvania

Decided October 1, 1894No. Appeal, No. 407PublishedCited by 23 opinions

Appeal, No. 407, Jan. T., 1894, by T. R. McGinnis et al., from decree of C. P. Lycoming Co., overruling exceptions to auditor’s report. Exceptions to report of auditor, J. F. Strieby, Esq., on exceptions and distribution in trustee’s account. Before Metzger, P. J. From the record it appeared that Frederick R. Weed died in 1882, having by will devised his estate in trust to Mills B. Weed, and naming him as his executor.

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Appeal, No. 407, Jan. T., 1894, by T. R. McGinnis et al., from decree of C. P. Lycoming Co., overruling exceptions to auditor’s report. Exceptions to report of auditor, J. F. Strieby, Esq., on exceptions and distribution in trustee’s account. Before Metzger, P. J. From the record it appeared that Frederick R. Weed died in 1882, having by will devised his estate in trust to Mills B. Weed, and naming him as his executor. In 1891 the trustee became insolvent, and made an assignment for benefit of creditors. Before the assignment he conveyed certain real estate of testator to creditors of the…

1Opinion of the Court

Opinion by

Mb. Justice McCollum,

The learned auditor thought and so held that he was not at liberty to set aside or qualify the order of the court of common *598pleas fixing the compensation of counsel for services rendered in the interest of the estate and authorizing the payment of the same by the trustee. He also held that no sufficient reason appeared for relieving the creditors, whose action made necessary the litigation in which the services were rendered, from paying their proportion of the-allowance. In these rulings he was sustained by the learned court below and the question on this…

2Cases cited1 opinion

  1. Trustees v. GreenoughSupreme Court of the United States · 1882

3Cited by23 opinions

  1. Leggett v. Missouri State Life Insurance CompanySupreme Court of Missouri · 1960
  2. Hempstead v. Meadville Theological SchoolSupreme Court of Pennsylvania · 1926
  3. Crawford's EstateSupreme Court of Pennsylvania · 1931
  4. Harris's AppealSupreme Court of Pennsylvania · 1936
  5. McCourt v. Singers-BiggerCourt of Appeals for the Eighth Circuit · 1906

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