Whiteside v. Whiteside

Citations

• 35 Pa. Super. 481
• 1908 Pa. Super. LEXIS 68

Syllabus

<p>Auditor — Findings of facts — Review.</p> <p>Where facts have been found by an auditor or master, and his report has been confirmed by the court bélow, the appellate court will not interfere except to correct cases of clear mistake or palpable error.</p> <p>Trusts and trustees — Counsel fees — Compensation.</p> <p>When reputable counsel insert in a trustee’s account a credit claimed by him against the trust estate, the presumption arises that the compensation thus claimed as counsel fee was for services rendered in aid of the trust, and not in an effort to destroy it.</p> <p>Where a trustee denies the trust and the cestuis que trust are compelled to resort to litigation to establish their rights, the trustee will be allowed no compensation. [</p>