Appeal of Wistar

Citations

• 125 Pa. 526
• 17 A. 460
• 1889 Pa. LEXIS 747

Syllabus

<p>■ 1. Where land is sold by a trustee appointed by the Orphans’ Court in partition proceedings, and the proceeds are paid into court in compliance with the terms of the order, the court, though a separate Orphans’ Court, may adjudicate the trustee’s account and make distribution without the intervention of an auditor.</p> <p>2. Even though the full proceeds of sale, amounting to $203,450, have been paid into court, and the trustee gave no bond, the sale made being most advantageous and largely the result of the trustee’s personal efforts, an allowance of one per centum upon the amount as compensation for his services is not excessive.</p> <p>3. A co-tenant, who for many years was in the exclusive possession of the real estate sold, holding adversely to the title of his co-owners, is without equity to prove against the fund claims for taxes and municipal assessments against the land, paid by him during his exclusive enjoyment.</p>