Fisher's Estate

Citations

• 65 Pa. Super. 297
• 1916 Pa. Super. LEXIS 67

Syllabus

<p>Executors and administrators — Commissions—Agreement as to commissions — Discretion of court.</p> <p>Where at the audit of an account of an executor, the remaindermen interested in the estate agree as to the amount of the executor’s commissions, hut the life tenant does not appear and is not represented, although with notice of the account and the audit, and the auditing judge on inspection of the account discovers that the accountant is really charging a double commission on a portion of the fund, and he files an adjudication, but directs that it shall not he confirmed until all parties in interest are notified of the duplication of the commissions, and thereafter certain of the parties by correspondence among counsel and with the judge, repudiate the agreement, and object to the commissions, and upon a reaudit the accountant is surcharged with the amount of the duplication, and exceptions to tbe adjudication are dismissed by the court in banc, the appellate court will not review the discretion of the Orphans’ Court in the matter.</p>