Wister's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county r Of January Term 1877, No. 191. Appeal of W. Wynne Wister, Jr., executor of L. W. Humphreys, deceased, from a decree of the court allowing commissions to A. A. Humphreys, trustee.
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Appeal from the Orphans’ Court of Philadelphia county r Of January Term 1877, No. 191. Appeal of W. Wynne Wister, Jr., executor of L. W. Humphreys, deceased, from a decree of the court allowing commissions to A. A. Humphreys, trustee. By the will of Charles Humphreys, deceased, dated July 1870, he left all his property to his nephew, A. A. Humphreys, to pay the net income thereof, for life, to his widow, L. W. Humphreys, and at her death the testator gave his whole estate to the trustee and his heirs. The trustee was also appointed executor of testator’s will. No trust accounts were ever…
1Opinion of the Court
The judgment of the Supreme Court was entered, "
2Per curiam
— The statements rendered in this case of the semiannual receipts and disbursement of the income had not the effect of accounts stated between merchants or other dealers. The legal duty of accounting, in the proper court, is inconsistent with such an effect. In the absence of an agreement to waive commissions, the mere holding over of them for a proper account would be no waiver. The owner of the income had the advantage of the use of her whole income, and unless she had been so misled by the other acts of the accountant as to give these…
3Cited by3 opinions
- Card's Estate (No. 2)Supreme Court of Pennsylvania · 1939
- Adams v. Sondheim Realty Co., Pennsylvania Court of Common Pleas, Berks County1940
- In re ZimmermanDistrict Court, E.D. Pennsylvania · 1940