Legal Opinion

Appeal of Wistar

Supreme Court of Pennsylvania

Decided April 15, 1889No. 192PublishedCited by 8 opinions

FROM THE DECREE OF THE ORPHANS’ COURT OF PHILADELPHIA COUNTY. No. 192 January Term 1889. Sup. Ct.; court below, No. 271 January Term 1886, O. C. On October 9, 1888, the account of Samuel W. Reeves, trustee’ appointed by the Orphans’ Court to mate sale of the real estate of Richard Wistar, deceased, was called for audit.

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FROM THE DECREE OF THE ORPHANS’ COURT OF PHILADELPHIA COUNTY. No. 192 January Term 1889. Sup. Ct.; court below, No. 271 January Term 1886, O. C. On October 9, 1888, the account of Samuel W. Reeves, trustee’ appointed by the Orphans’ Court to mate sale of the real estate of Richard Wistar, deceased, was called for audit. The fund for distribution arose from the sale of seven properties and amounted to $204,195.55, of which sum $745.55 was in the hands of the trustee, being a portion of the cash payment at the time of the sales, the balance, $203,450, having been paid into court in compliance…

1Opinion of the Court

Opinion,

Mr. Justice Sterrett:

Little, if anything, can be profitably added to what has been so well said by the learned judge of the Orphans’ Court in support of its decree.

In view of all the circumstances, the allowance to the trustee for his services in conducting the sale, etc., measured as it was by one per centum of the amount realized, cannot be regarded as unreasonable. It is conceded on all hands that the services were efficient and valuable. If the trustee had been required to furnish security, the ordinary allowance would have been at least twice as much, and thus the expenses of…

2Cited by8 opinions

  1. Schilbach v. SchilbachCourt of Appeals of Maryland · 1937
  2. Gordon v. McLemoreSupreme Court of Alabama · 1939
  3. Victoria Copper Mining Co. v. RichCourt of Appeals for the Sixth Circuit · 1911
  4. Blum v. William Goldman Theatres, Inc.Court of Appeals for the Third Circuit · 1949
  5. Becker-Franz Co. v. Shannon Copper Co.Court of Appeals for the Ninth Circuit · 1919

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