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BAND ESTATE. (07/17/56)

July 17, 1956

BAND ESTATE.


Appeals, Nos. 111, 112, and 113, Oct. T., 1956, from decree of Orphans' Court of Delaware County, Sept. T., 1930, No. 118, in re estate of William Band, Jr., deceased. Decree affirmed; reargument refused August 9, 1956.

COUNSEL

Frank B. Francis, appellant, in propria persona.

Frank I. Ginsburg, with him E. Wallace Chadwick, John W. Wellman, and Chadwick, Curran, Petrikin & Smithers, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.

Author: Woodside

[ 182 Pa. Super. Page 9]

OPINION BY WOODSIDE, J.

This appeal involves the right of a corporate trustee to charge counsel fees to a trust estate for legal

[ 182 Pa. Super. Page 10]

    services involved in filing an account when the trust company liquidates and a substitued trustee is appointed.

William Band, Jr. died March 15, 1930 naming the Delaware County Trust Company and Frank B. Francis, co-executors under his will. Upon filing their account the executors equally divided the customary fee. Three trusts were created under the will and the Delaware County Trust Company named trustee; two consisting of legacies of $10,000 each and one consisting of the residue of the estate amounting to approximately $40,000. Frank B. Francis, the appellant herein, was named as the remainderman in all three estates after payment of income for life to different named persons.As at least one of the life tenants in each trust estate is living, all of the trusts are still active. The trustee has been paying the income from these trusts to the life tenants and has been deducting a commission from the income, but has never before claimed a commission from the corpus of the trust estate except for its fee as co-executor of the decedent's estate.

The Delaware County Trust Company sold its corporate assets, and in the process of liquidation petitioned the Orphans' Court of Delaware County to appoint the Fidelity-Philadelphia Trust Company as substituted trustee, and on March 2, 1955 filed accounts in the three trusts. In the accounts it claimed $410.62 as its commission and $500 for the payment of counsel fees on the one trust, $97 commission and $100 counsel fee on another, and $93 commission and $100 counsel fee on the third.

Frank B. Francis, the remainderman, filed exceptions to the payment of these ...


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