Legal Opinion

Heckert's Appeal

Supreme Court of Pennsylvania

Decided October 1, 1855PublishedCited by 8 opinions

Appeal by George Heckert from tbe decree of tbe Common Pleas of Lancaster county on tbe account of James B. Lane, assignee of tbe said George Heckert for tbe benefit of bis creditors. On the 11th May, 1840, George Heckert and wife, by deed of that date, assigned, transferred, and conveyed to James B. Lane all bis estate, real and personal, for tbe benefit of bis creditors.

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Appeal by George Heckert from tbe decree of tbe Common Pleas of Lancaster county on tbe account of James B. Lane, assignee of tbe said George Heckert for tbe benefit of bis creditors. On the 11th May, 1840, George Heckert and wife, by deed of that date, assigned, transferred, and conveyed to James B. Lane all bis estate, real and personal, for tbe benefit of bis creditors. Tbe important part of tbe real estate conveyed consisted of an interest in certain coal lands in Northumberland county, being tbe undivided half of Greenridge tract, containing 1874 acres and 87 perches, tbe undivided…

1Opinion of the Court

The opinion of the Court was delivered, October 1, 1855, by

Woodward, J.

It has been long settled in Pennsylvania that trustees of all sorts are entitled to reasonable compensation for their services, though there be no stipulation on the subject in the instrument creating the trust. But the law has fixed no rule for measuring the rate of compensation, and it is obvious, from the infinitely diversified circumstances attending trusts, that no inflexible rule ever can be prescribed. The amount of compensation must depend on the discretion, which is nothing else than the reason and conscience of…

2Cases cited4 opinions

  1. App v. DreisbachSupreme Court of Pennsylvania · 1830
  2. Lyon v. MarclaySupreme Court of Pennsylvania · 1832
  3. Gray v. BellSupreme Court of Pennsylvania · 1835
  4. Vanarsdale v. RichardsSupreme Court of Pennsylvania · 1836

3Cited by8 opinions

  1. Kennedy TrustSupreme Court of Pennsylvania · 1950
  2. McCormick v. Puritan Coal Mining Co.Court of Appeals for the Third Circuit · 1928
  3. Haas v. Sinaloa Exploration & Development Co.Court of Chancery of Delaware · 1930
  4. International Shoe Co. v. Picard & Geismar, Ltd.District Court, E.D. Louisiana · 1939
  5. Buss Mach. Works v. Watsontown Door & Sash Co.District Court, M.D. Pennsylvania · 1933

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