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MCGEEHAN ESTATE. (05/28/59)

May 28, 1959

MCGEEHAN ESTATE.


Appeal, No. 169, Jan. T., 1959, from decree of Orphans' Court of Northampton County, No. 171 of 1957, in re estate of Catherine M. McGeehan, deceased. Decree affirmed. Audit of account. Before PALMER, J. Adjudication filed confirming account; exceptions to adjudication dismissed and decree entered. Exceptant appealed.

COUNSEL

Justin Kevin McCarthy, with him Daniel L. McCarthy, for appellant.

Louise F. McCarthy, with her H. P. McFadden, for appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen and Bok, JJ.

Author: Bok

[ 396 Pa. Page 2]

OPINION BY MR. JUSTICE BOK

The question is whether $2250 is excessive for an executor's commissions.

On February 11, 1950, decedent made her will. She created a trust for her mother for life and named the First National Bank and Trust Company of Bethlehem as executor and trustee.

On December 21, 1950, decedent was declared mentally incompetent, and on the same day the bank was appointed guardian of her estate.

On March 16, 1951, the bank filed its inventory as guardian, showing assets valued at $37,016.97.

Decedent died on June 28, 1956, and on July 26 the bank took out letters testamentary as executor.

On December 4, 1956, the bank filed its final account as guardian, showing, as of the date of death, principal in the amount of $33,276.67, and unexpended income ...


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