Sower's Estate

Montgomery County Orphans' Court

Sower's Estate

46 Pa. D. & C. 378, 1942 Pa. Dist. & Cnty. Dec. LEXIS 309

CourtPennsylvania Orphans' Court, Montgomery County

DecidedNovember 18, 1942

Docketno. 32,198

StatusPublished

This text of 46 Pa. D. & C. 378 (Sower's Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Montgomery County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sower's Estate, 46 Pa. D. & C. 378, 1942 Pa. Dist. & Cnty. Dec. LEXIS 309 (Pa. Super. Ct. 1942).

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Opinion

Holland, P. J.,

Exception no. 1 is to the credit taken by accountant in the sum of $139.10 as accountant’s commission. Counsel for exceptant at bar stated that he did not desire to adduce testimony in regard to this exception, but agreed that the statement of facts to be furnished by accountant would be accepted by him as the true facts in regard to the services of the accountant for all purposes concerning this exception. The accountant [379]*379has filed a written statement, explaining that upon the executors’ account the accountant and an individual were co-executors and together took an executors’ commission of 5 percent, this accountant receiving one half thereof, or 2% percent. The commission now taken in the sum of $139.10 represents 2% percent of the amount now accounted for and is compensation claimed for administering the trust for a period of over twenty-two years, which amounts to a little more than $6 per annum. Under all these circumstances, we are of the opinion that the commission should be, allowed and exception no. 1 is, therefore, dismissed. . . .

And now, November 18, 1942, this adjudication is confirmed nisi.

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Holland, P. J.,

Exception no. 1 is to the credit taken by accountant in the sum of $139.10 as accountant’s commission. Counsel for exceptant at bar stated that he did not desire to adduce testimony in regard to this exception, but agreed that the statement of facts to be furnished by accountant would be accepted by him as the true facts in regard to the services of the accountant for all purposes concerning this exception. The accountant [379]*379has filed a written statement, explaining that upon the executors’ account the accountant and an individual were co-executors and together took an executors’ commission of 5 percent, this accountant receiving one half thereof, or 2% percent. The commission now taken in the sum of $139.10 represents 2% percent of the amount now accounted for and is compensation claimed for administering the trust for a period of over twenty-two years, which amounts to a little more than $6 per annum. Under all these circumstances, we are of the opinion that the commission should be, allowed and exception no. 1 is, therefore, dismissed. . . .

And now, November 18, 1942, this adjudication is confirmed nisi.

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Bluebook (online)

46 Pa. D. & C. 378, 1942 Pa. Dist. & Cnty. Dec. LEXIS 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sowers-estate-paorphctmontgo-1942.