Koch's Estate

Citations

• 148 Pa. 159
• 23 A. 1057
• 1892 Pa. LEXIS 934

Syllabus

<p>Administrator's compensation — Agreement for a sum certain.</p> <p>One who makes an agreement with the heirs of a decedent to settle up the estate as administrator for a fixed sum, will be held to his agreement.</p> <p>The fact that an arrangement made by the parties in interest delayed the settlement of the estate, but added nothing to the administrator’s legal responsibility; and that it entailed the filing by the administrator of two accounts, in the first of which he claimed credit for the stipulated amount as compensation “ thus far,” does not set aside the contract. There was no duty on the part of the heirs to object to the form of the credit claimed in the first account, and silence is equivalent to acquiescence only when there is a duty to speak.</p> <p>Orphans' court practice — Exceptions to administrator's account — Buie of court of Lebanon county.</p> <p>The rule of the orphans’ court of Lebanon county, which provides that “ on the first day of each term on which accounts come up from the register’s office, according to notice, for confirmation and allowance, they shall be confirmed nisi, and if no exceptions are filed within four days thereafter, they shall be confirmed absolutely,” does not preclude the consideration by the court of exceptions filed after the expiration of the four days with an auditor appointed by the court to consider exceptions which were filed within that time.</p>