Schoonover's Estate

Citations

• 250 Pa. 353
• 95 A. 524
• 1915 Pa. LEXIS 949

Syllabus

<p>Decedents’ estates — Executors—Compensation—Special contract —Performance.</p> <p>At tbe audit of an account of the executor of a decedent it appeared that the heirs had made a special contract with the executor, by which he was to receive seven and one-half per cent, upon the gross assets of the estate as his compensation, and that he was to receive a certain sum on account at the end of the first year, which was paid. Three accounts had been filed by the executor, the first and second of which were confirmed without objection. Upon the audit of the third account, it was claimed that the executor had charged a duplicate commission on a sum paid out as indebtedness, for which an insurance bond of a certain amount had been deposited as collateral, a commission being taken upon the sum of the two amounts. It was also contended that the executor was not entitled to so high a commission for the services which he had performed. The executor contended that the commissions awarded to him by the first and second accounts could not be inquired into. Held (1) the payment of commission on account at the audit of the first and second accounts did not preclude an examination of that question; (2) the charge for commissions upon the items above mentioned was not a duplicate commission, but a charge upon the gross assets in accordance with the contract; (3) no sufficient reason had been shown why the heirs should not be required to perform the agreement they had made, irrespective of the real value of the executor’s services.</p>