Legal Opinion

Gelbach's Estate

Superior Court of Pennsylvania

Decided November 21, 1905No. Appeal, No. 31PublishedCited by 3 opinions

Appeal, No. 31, Oct. T., 1905, by Eruma L. Borgner, distributee, from decree of O. C. Phila. Co., Oct. T. 1887, No'. 311, dismissing exceptions to adjudication in estate of George Gelbach, deceased. Exceptions to adjudication.

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Appeal, No. 31, Oct. T., 1905, by Eruma L. Borgner, distributee, from decree of O. C. Phila. Co., Oct. T. 1887, No'. 311, dismissing exceptions to adjudication in estate of George Gelbach, deceased. Exceptions to adjudication. Hanna, P. J., filed the following opinion: Upon consideration of the exceptions, we fail to discover any good reason to differ from the conclusions of the auditing judge save in the single instance of the allowance of commissions at the rate of five per cent upon the proceeds of the real estate sold. And this is evidently an oversight. As settled by numerous…

1Opinion of the Court

Opinion by

Beave®, J.,

The estate of the decedent was carefully administered. There is no allegation of mismanagement of afiy kind. The sole exception is as to the compensation to be allowed the executors and trustees. The original adjudication was made without objection. Subsequently a petition was presented to the court to open the adjudication upon allegations of an overcharge for compensation. This was done and a readjudication had, in which the auditing judge who had heard the first adjudication, after a careful examination and an opinion filed, dismissed *449the exceptions. Exceptions were…

2Cited by3 opinions

  1. Birkel EstatePennsylvania Orphans' Court, Northampton County · 1957
  2. Gaston's EstatePennsylvania Orphans' Court, Pike County · 1947
  3. Kern's EstatePennsylvania Orphans' Court, Philadelphia County · 1937

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