Stitzel's Estate

Citations

• 221 Pa. 227
• 70 A. 749
• 1908 Pa. LEXIS 468

Syllabus

<p>■ Executors and administrators —Accounting—Notice— Surcharge— Counsel fee — Exceptions—Parties—Amicus curia. ■</p> <p>A surcharge by the orphans’ court is an adjudication against the accountant which cannot be made without notice to him, and an opportunity to be heard before he is condemned.</p> <p>A surcharge of an executor for an overpayment of counsel fees is not one that can be made at all by the court without an exception by some interested party before it.</p> <p>Where the orphans’ court without notice or hearing has surcharged executors with money paid out as counsel fees; and it appears that the only parties interested are two charitable corporations who filed no exceptions to the account, did not employ counsel, and who in fact ask that the account be confirmed, it is error for the court to appoint an attorney as amicus curise to file exceptions, and on such exceptions to hear testimony, and confirm the first surcharge and make an additional surcharge.</p> <p>' It is not the office of an amicus curise to become prosecutor to put into shape objections dictated by the court, and which the court itself has no authority to make in the absence of objection of_some party in interest. .</p>