Snyder's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Philadelphia. Joseph Snyder, by his will having given $20,000 in trust for an only daughter, directed the residue of his estate, real and personal, to be divided amongst his seven sons.
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Appeal from the decree of the Orphans’ Court of Philadelphia. Joseph Snyder, by his will having given $20,000 in trust for an only daughter, directed the residue of his estate, real and personal, to be divided amongst his seven sons. In 1864, on the petition of all the parties interested, proceedings in partition were commenced in the Orphans’ Court, which resulted in a division of the real estate of the decedent into seven parts, six of which were accepted by as many devisees. The executor, Joseph J. Snyder, was directed by the court to sell the seventh part, which had been valued at…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
In Robb’s Appeal, 5 Wright 49, our brother Strong said that ordinarily 3 per cent, is a sufficient compensation for the sale of real estate; and stated that we are not disposed to disturb the finding of an auditor ratified by the court, without affirmative evidence convincing us of plain error. Compensation is so much governed by the circumstances that no unbending rule can be fixed as to the rate of percentage. We are not satisfied the allowance of 3 per cent, in this instance is too little. See also McCausland’s Appeal, 2 Wright 466;…
2Cited by7 opinions
- Novy v. NovySupreme Court of Pennsylvania · 1936
- Edwards v. SeafordSupreme Court of Pennsylvania · 1889
- Appeal of BilesSupreme Court of Pennsylvania · 1888
- Breen's EstateSuperior Court of Pennsylvania · 1942
- Cooper's EstatePennsylvania Orphans' Court, Philadelphia County · 1929
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