Miller v. Rhein

Citations

• 5 Sadler 492

Syllabus

<p>Personalty which a testator gave his wife absolutely was during her life treated as given for life only, and by family arrangement was retained by their son, his executor, until her death, when she bequeathed her whole estate to her daughters. The son claimed the personalty under the testator’s will. The court found that he had acted in good faith and had rendered valuable services to the estate. Held, that he was entitled to commissions, and a counsel fee.</p> <p>Note. — The will referred to in this case is construed in Rhein v. Miller,. post, p. 501.</p> <p>An executor’s commissions will not he forfeited unless there he actual fraud or gross negligence. Williamson’s Estate, 18 W. N. C. 138; Dross’s. Appeal, 105 Pa. 258; McManus’s Estate, 14 Pa. Co. Ct. 379, 3 Pa. Dist. R. 183. Where there is an honest mistake of judgment, commissions will not be forfeited. Myers’s Appeal, 62 Pa. 104; Shaw’s Estate, 12 W. N. O. 423; Brennan’s Estate, 65 Pa. 16. This is true, though loss occur, where the-course of conduct followed has been advised. Merkel’s Estate, 131 Pa. 584,, 18 Atl. 931.</p>