Hower's Appeal

Citations

• 1 Monag. 24
• 15 A. 687
• 1888 Pa. LEXIS 727

Syllabus

<p>An assignment in trust for creditors was executed in 1884. The property consisted of three lots of land. The assignor soon after sold one of the-lots, and the assignee executed a deed therefor, receiving the purchase money April 1,1884, and mingling it with his own funds in bank. , The assignee advertised another lot for sale, but refrained from selling it at the request of the assignor, who agreed to raise money to pay off the debts, and thus avoid a sale of the remaining lote, agreeing that the assignee should not be prejudiced thereby. The assignor remained in possession of the property, and, by the spring of 1886, had paid all the-debts. The first lien, of some $300, was disputed. The assignee filed his account February 28,1887, claiming commissions on the appraised value of the three lots, at the rate of three per cent. An auditor, on exceptions by the assignor, surcharged the accountant with commissions on the proceeds of the lots not sold, allowing $25 as extra compensation, in addition to commissions on the proceeds of' the lot sold, and further surcharged him with interest, from the time the money was received until the account was filed, on $1,400, less the amount which might, have been necessary to satisfy the contested lien and the costs of settling the estate. On exceptions to the auditor’s report, the court reduced the surcharge of interest,, computing it from the first term of court to which the account could have been confirmed after the debts were paid by the assignor, and also placed one-half of the costs of audit upon the accountant. On appeal by accountant, assigning for error the surcharges as to interest and commissions and the imposition of costs, the assignments as to commissions and costs involving other alleged errors, the decree was affirmed.</p>