Butterbaugh's Appeal
Supreme Court of Pennsylvania
June 14th 1881. Before Merque, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Sharswood, C. J., absent. Appeal from the decree of the Orphans’ Court of Franld in county : Of May Term, 1881, No. 131. This was an appeal from the decree of the said court, directing that the account of John J. Butterbaugh (the appellant) as trustee under the will of Jacob Butterbaugh, deceased, be so stated that certain expenses and charges, paid by the trustee, should be charged to the corpus…
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June 14th 1881. Before Merque, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Sharswood, C. J., absent. Appeal from the decree of the Orphans’ Court of Franld in county : Of May Term, 1881, No. 131. This was an appeal from the decree of the said court, directing that the account of John J. Butterbaugh (the appellant) as trustee under the will of Jacob Butterbaugh, deceased, be so stated that certain expenses and charges, paid by the trustee, should be charged to the corpus of the trust fund and not to the annual income. Jacob" Butterbaugh, the testator, by his will, proved April 11th 1871,…
1Opinion of the CourtJustice Paxson
It was held in Spangler’s Estate, 9 Harris 335, that the interest and not the principal of a trust fund must bear the expense of administering it. Were it otherwise, the entire principal might bo absorbed in paying the trustee’s commissions upon income. A trustee is entitled to a reasonable compensation for his services as they are rendered, and unless a contrary intention appear, the compensation must come out of the income of the fund in the administration of which it is earned.
*353The learned judge of the Orphans’ Court ordered that the sura of $103.13, composed of an allowance for…
2Cited by7 opinions
- McGuffey's EstateSuperior Court of Pennsylvania · 1936
- Crawford's EstateSupreme Court of Pennsylvania · 1917
- Crawford's EstateSuperior Court of Pennsylvania · 1916
- Catherwood EstatePennsylvania Orphans' Court, Delaware County · 1947
- Dilks EstatePennsylvania Orphans' Court, Philadelphia County · 1962
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