In re Estate of Lilly

Citations

• 181 Pa. 478
• 37 A. 557
• 1897 Pa. LEXIS 570

Syllabus

<p>Executors and administrators — Commissions.</p> <p>Testator died leaving an estate of about half a million dollars consisting of lands,' interest in coal mining companies, stocks and bonds of various corporations, notes, etc. He was a partner in the coal mining companies, and he authorized his executors who were men of business capacity to hold or sell his interests in the companies as to them might seem best. He also authorized his executors to appoint one of their number acting executor, and directed that their appointee should receive compensation for his services in addition to the usual commission allowed to executors, and that he should share in such commission with his coexeeutors. The executors retained the interest in the coal companies, and this course was beneficial to the estate. Twelve out of thirteen of the residuary legatees requested that a commission of five per cent should be allowed to the executors. Held, (1) that the testator intended by the use of the words “ usual commissions ” that his executors should have a commission of five per cent; (2) that aside from his intentions an allowance of five per cent was proper and reasonable.</p>