Mylin's Estate

Citations

• 32 Pa. Super. 504
• 1907 Pa. Super. LEXIS 42

Syllabus

<p>Trusts and trustees — Commissions on principal — Costs—Counsel fee.</p> <p>In the case of a continuous trust, the trustee, except in extraordinary circumstances or when the instrument by which the trust is created so indicates, cannot diminish the fund which is to create the income during the life of the trust. For services rendered by way of collecting and paying over the income, the compensation is a fit charge upon the increase and is properly deducted from it; but the labor, care and responsibility pertaining to the conservation of the capital itself are properly charged on it, and are to be deducted from it when the trust expires, or the particular trustee’s relation to it ends.</p> <p>A trustee has no right to deduct his commissions on the corpus of the trust estate as soon as it comes into his hands.</p> <p>Where a trust estate amounts to over $12,000, and the trust has continued for nearly three years before the trustee’s discharge, a charge for counsel fees of $30.00 and $9.85 fees of the clerk of the orphans’ court, should be allowed.</p>