Estate of Gilpin

Citations

• 138 Pa. 143
• 20 A. 713
• 1890 Pa. LEXIS 1249

Syllabus

<p>[To be reported.]</p> <p>L. When an auditor and the court which appointed him have arrived at widely different conclusions, it is the duty of the Supreme Court, on appeal, giving the report of the auditor the weight to which it is enti-tied, to determine which view of the case best accords with the facts and the law; and, in considering a question of compensation to a trustee, it may differ from both.</p> <p>2. The, ordinary commission of an executor who has carefully managed an estate is five per cent, and more than that will not be allowed without evidence of unusual services or,responsibility; compensation, however, is the rule, and when the executor has had to encounter extraordinary difficulties and responsibility, he is entitled to be compensated accordingly.</p> <p>3. In this case, the testator having left his estate in a state of great con- ' fusion and complication, the Supreme Court, upon a consideration of all the facts, allowed the executor $4,650, for services rendered down to the filing of a partial account, in which the debits and credits amounted to over $92,000 and $89,000, respectively, the cash actually handled being less tham$68,000.</p>