Legal Opinion

Weed's Estate

Supreme Court of Pennsylvania

Decided October 1, 1894No. Appeal, No. 99PublishedCited by 8 opinions

Appeal, No. 99, July T., 1893, from decree of C. P. Lycoming Coi, June T., 1893, No. 328, allowing counsel fees. Petition' by trustee for permission to pay counsel fee. From the petition and proofs it appeared that J. C. Hill, trustee of estate of F. R. Weed, deceased, was appointed to succeed Mills B. Weed, trustee under will of testator; that in 1891, Mills B. Weed became insolvent and made an assignment for benefit of creditors.

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Appeal, No. 99, July T., 1893, from decree of C. P. Lycoming Coi, June T., 1893, No. 328, allowing counsel fees. Petition' by trustee for permission to pay counsel fee. From the petition and proofs it appeared that J. C. Hill, trustee of estate of F. R. Weed, deceased, was appointed to succeed Mills B. Weed, trustee under will of testator; that in 1891, Mills B. Weed became insolvent and made an assignment for benefit of creditors. Before the assignment he conveyed certain real estate of testator to L. Truman & Bros., and confessed judgments to other creditors. B. F. Young filed a bill to set…

1Opinion of the Court

Opinion by

Mb. Justice McCollum,

This is an appeal from an order of the court of common pleas authorizing the trustee of an estate to pay out of the trust fund $7,500 for services rendered by counsel in its interest. The grounds on which it is sought to sustain the appeal are, (1) the order was not within the power of the court,. (2) the evidence was not sufficient to warrant it, and (3) the allowance to counsel was excessive. The denial of the power' of the court to make the order is sufficiently answered by Trustee v. Greenough, 105 U. S. 527, in which it was held, in an elaborate and well…

2Cases cited1 opinion

  1. Trustees v. GreenoughSupreme Court of the United States · 1882

3Cited by8 opinions

  1. Harris's AppealSupreme Court of Pennsylvania · 1936
  2. Furia v. PhiladelphiaSuperior Court of Pennsylvania · 1955
  3. Novy v. NovySupreme Court of Pennsylvania · 1936
  4. Levine v. BradleeCourt of Appeals for the Third Circuit · 1967
  5. Peoples-Pittsburgh Trust Co. v. Pittsburgh United Corp.Supreme Court of Pennsylvania · 1939

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