Ehret Estate

Dissenting Opinion

Lefever, J.,

All of the judges of this court agree “that the preferable rule would be to allow payment of the interim commissions claimed by the trustee” on principal in this test case. However, the majority and the minority part company on the effect of Scott Estate, 418 Pa. 332 (1965). The majority holds that Scott Estate squarely decides that allowance of the disputed commission is prohibited.

At first blush, this would seem to be accurate, for Mr. Chief Justice Bell stated at page 339:

“We hold that Williamson Estate directly controls the instant case and that the 1953 Act…