McNulty's Estate

Citations

• 230 Pa. 387
• 79 A. 645
• 1911 Pa. LEXIS 621

Syllabus

<p>Decedent’s estate — Audit—Appeals—Compensation for services— Executors and administrators.</p> <p>1. Where two persons have, at the audit of an administrator’s account, presented separate and distinct claims for services rendered in selling the real and personal estate of the decedent, each claiming to have sold the property and to be entitled to compensation, it being conceded, however, that there was no privity of contract between them, a decree in favor of either should be separate and not joint, and if there are ample funds to meet any claim the court might allow, one of the parties has no standing to attack the other’s claim, or appeal from a decree allowing it.</p> <p>2. In such case on appeal by one claimant from the allowance of the claim of the other, the administrator has no standing to contest the claim, where such administrator has not taken the proper legal steps to contest the claim by appealing from the decree.</p> <p>3. An award of a lower court of a sum deemed sufficient compensation for services found to have been performed in behalf of a decedent’s estate will not be disturbed save for manifest error.</p>