Fitzsimmons v. Safe Deposit & Trust Co.

Supreme Court of Pennsylvania

Fitzsimmons v. Safe Deposit & Trust Co.

42 A. 41, 189 Pa. 514, 1899 Pa. LEXIS 682

CourtSupreme Court of Pennsylvania

DecidedJanuary 3, 1899

DocketAppeal, No. 177

StatusPublished

This text of 42 A. 41 (Fitzsimmons v. Safe Deposit & Trust Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fitzsimmons v. Safe Deposit & Trust Co., 42 A. 41, 189 Pa. 514, 1899 Pa. LEXIS 682 (Pa. 1899).

Pincite

Opinion

Pee Cueiam,

It may be that if the professional services of the plaintiff had been rendered to the decedent in his lifetime, the .common pleas would have full jurisdiction to determine the amount due and enter judgment. But the services were rendered to the executor after the death of the testator. The fees due the plaintiff were then part of the expenses of administration of the estate in the orphans’ court, and that court has exclusive jurisdiction. The executor who resigned might just as well bring suit against this one for his commissions.

Decree affirmed and appeal dismissed at the cost of the appellant.

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Pee Cueiam,

It may be that if the professional services of the plaintiff had been rendered to the decedent in his lifetime, the .common pleas would have full jurisdiction to determine the amount due and enter judgment. But the services were rendered to the executor after the death of the testator. The fees due the plaintiff were then part of the expenses of administration of the estate in the orphans’ court, and that court has exclusive jurisdiction. The executor who resigned might just as well bring suit against this one for his commissions.

Decree affirmed and appeal dismissed at the cost of the appellant.

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Bluebook (online)

42 A. 41, 189 Pa. 514, 1899 Pa. LEXIS 682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzsimmons-v-safe-deposit-trust-co-pa-1899.