Harrison's Estate
Supreme Court of Pennsylvania
Appeal, No. 387, Jan. T., 1907, by Clara A. Durant, from decree of O. C. Phila. Co., sustaining exceptions to adjudication in Estate of Joseph Harrison, Jr., deceased. Exception to adjudication. From the record it appeared that the auditing judge, Ash-man, J., allowed Clara E. Durant, an exceptant, $6,000 for counsel fee The claim was based on services to the estate in objecting to the allowance of excessive commissions, and the payment of certain taxes and broker’s charges.
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Appeal, No. 387, Jan. T., 1907, by Clara A. Durant, from decree of O. C. Phila. Co., sustaining exceptions to adjudication in Estate of Joseph Harrison, Jr., deceased. Exception to adjudication. From the record it appeared that the auditing judge, Ash-man, J., allowed Clara E. Durant, an exceptant, $6,000 for counsel fee The claim was based on services to the estate in objecting to the allowance of excessive commissions, and the payment of certain taxes and broker’s charges. The exceptions were sustained in an opinion by Lamorelle, J. Errors assigned were in sustaining exceptions to…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
Our consideration of the facts upon which this appeal is based leads us to agree with the view taken by the orphans’ court; and that is, that this case is not properly to be classed with Kennedy’s Estate, 141 Pa. 479, where an allowance for ■counsel fees was made to an exceptant out of the fund. In that case the allowance was only approved upon the peculiar facts stated in the opinion of the court below. And warning was expressly given that the action “ must not be drawn into a precedent for the broad doctrine that, where exceptions are filed to the account of an…
2Cases cited2 opinions
- Commonwealth ex rel. Hensel v. Order of SolonSupreme Court of Pennsylvania · 1899
- Estate of KennedySupreme Court of Pennsylvania · 1891
3Cited by26 opinions
- Sowers EstateSupreme Court of Pennsylvania · 1956
- Wilbur's EstateSupreme Court of Pennsylvania · 1938
- Furia v. PhiladelphiaSuperior Court of Pennsylvania · 1955
- In Re Estate of LuxSupreme Court of Pennsylvania · 1978
- In Re Balke's EstateArizona Supreme Court · 1949
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