Legal Opinion

Estate of J. Mendenhall

Superior Court of Pennsylvania

Decided November 19, 1929No. Appeal 232PublishedCited by 4 opinions

1Opinion of the Court

Opinion by

Tbexber, J.,

We are to consider whether a charge of 5% by an executor as commissions on personalty and of five per cent on real estate is excessive. We start out with the presumption that the amounts approved by the orphans’ court are right. “It is a matter peculiarly within the province of the court who in most cases is better able to judge of the reasonableness of such charges than the appellate court, and unless the discretion has been clearly abused, the judgment of the lower court in such matters must stand.” Griffith Est., 96 Pa. Superior Ct. 242, and cases there cited.

In the…

2Cases cited1 opinion

  1. Griffith's EstateSuperior Court of Pennsylvania · 1929

3Cited by4 opinions

  1. Wade's EstateSupreme Court of Pennsylvania · 1941
  2. In Re Est. of W.J. HartzellSuperior Court of Pennsylvania · 1932
  3. Lutz's EstatePennsylvania Orphans' Court, Schuylkill County · 1941
  4. Mitchell's EstatePennsylvania Orphans' Court, Philadelphia County · 1934

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