St. Clair's Appeal

Citations

• 2 Monag. 264
• 15 A. 914
• 1888 Pa. LEXIS 815

Syllabus

<p>The allowance of counsel fees in the orphans’ court is a matter in the sound discretion of the court, and an allowance of one per cent, upon an estate of $95,000, for general services, together with attorney’s commissions for collection of judgments, and $49 for stating and filing a partial account, is not an improper exercise of that discretion.</p> <p>In stating an account by an executor, it is not necessary that the commissions for collection of judgments should appear in the account.</p> <p>The refusal of the court to admit evidence of charges made in a particular estate, on the hearing of the above case, is no reason for interfering with the decree of the court in this case.</p> <p>The following should appear as the 3d and 4th syllabi to the above case :</p> <p>The omission of ihe dates of receipt of monies from the account, was held not sufficient cause to require a re-statement of the account, where it did not appear that the omission was with a view of avoiding liability for interest.</p> <p>The inclusion of officers’ costs and docket-fees was excepted to on the ground that they were included in the account to swell the commissions. In the absence of evidence to this effect, and under the rule of de minimis, the court refused to correct the account in this particular.</p>