Appeal of Allen

Citations

• 125 Pa. 544
• 17 A. 453
• 1889 Pa. LEXIS 750

Syllabus

<p>(a) A testator directed his executors to carry on his business for the benefit of his wife and children for a designated period, “ and to account to them for the net profits thereof, first retaining a salary of $20 per week each, together with five per cent each, of said net profits.”</p> <p>(b) One of the executors renouncing, the other, a son of the testatoi-, having an interest to the extent of one fifth of the profits of the business, took out letters, conducted the business as directed by the will and filed an account of the profits thereof.</p> <p>1. On the adjudication of the account, the accountant was properly awarded the one fifth of the profits for his own interest in the business, as well as the salary and compensation, fixed by the will, out of the remaining four fifths belonging to the estate.</p> <p>2. And this, notwithstanding the fact that at the date of the will the testator was conducting the business alone, on his own account and in his own name, the son not being admitted as a partner until a short time before the testator’s death.</p>