Leach's Estate

Philadelphia County Orphans' Court

Leach's Estate

54 Pa. D. & C. 385, 1945 Pa. Dist. & Cnty. Dec. LEXIS 26

CourtPennsylvania Orphans' Court, Philadelphia County

DecidedNovember 30, 1945

Docketno. 157

StatusPublished

This text of 54 Pa. D. & C. 385 (Leach's Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leach's Estate, 54 Pa. D. & C. 385, 1945 Pa. Dist. & Cnty. Dec. LEXIS 26 (Pa. Super. Ct. 1945).

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Opinion

Sinkler, J.,

The first exception filed by the guardian ad litem relates to the approval by the auditing judge of the payment to the First Mortgage Corporation of a commission of three percent for obtaining a mortgage in which a part- of [388]*388the principal of the trust estate was invested. The only testimony presented at the audit is to the effect that it is presently necessary to pay a commission in order to obtain good mortgages. Having considered the testimony and, as well, the briefs of argument, it is held that the auditing judge was correct in his conclusion that the payment was a proper charge against principal.

The second exception is based upon the allowance of $10 appraisers’ fees. It is held that the finding of the auditing judge is correct, that the fees are proper and rightly charged against principal.

The exceptions are dismissed and the adjudication is confirmed absolutely.

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Sinkler, J.,

The first exception filed by the guardian ad litem relates to the approval by the auditing judge of the payment to the First Mortgage Corporation of a commission of three percent for obtaining a mortgage in which a part- of [388]*388the principal of the trust estate was invested. The only testimony presented at the audit is to the effect that it is presently necessary to pay a commission in order to obtain good mortgages. Having considered the testimony and, as well, the briefs of argument, it is held that the auditing judge was correct in his conclusion that the payment was a proper charge against principal.

The second exception is based upon the allowance of $10 appraisers’ fees. It is held that the finding of the auditing judge is correct, that the fees are proper and rightly charged against principal.

The exceptions are dismissed and the adjudication is confirmed absolutely.

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Bluebook (online)

54 Pa. D. & C. 385, 1945 Pa. Dist. & Cnty. Dec. LEXIS 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leachs-estate-paorphctphilad-1945.