Lennig's Estate

Citations

• 53 Pa. Super. 596
• 1913 Pa. Super. LEXIS 224

Syllabus

<p>Executors and administrators — Compensation fixed by will — Commissions.</p> <p>1. Where an executor accepts his office with knowledge of a provision in the will fixing his compensation, he is' bound thereby, and this applies even where the executor in the performance of his duties, is required to sell real estate in another state.</p> <p>2. Where an executor whose compensation is fixed by the will claims commissions in his account, and the trustees to whom the fund is distributable do not except to the item of commissions, the auditing judge does not exceed his powers in calling the attention of the trustees to the provision in the will, and if they then except, in withholding confirmation of the adjudication, and surcharging the executor with the amount of the commissions claimed.</p> <p>3. The mere fact that an auditing judge may have mistakenly allowed an executor commissions in one account, will not prevent an auditing judge on the adjudication of a later account, involving a different fund, from refusing commissions to the executor.</p>