Appeal, No. 39, Jan. T., 1962, from decree of Orphans' Court of Montgomery County, No. 59386, in re estate of Lewis B. Taulane, deceased. Decree affirmed.
Paul Maloney, with him Stanley B. Cooper, and Pepper, Hamilton & Scheetz, for appellants.
William J. Woolston, for accountant, appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.
OPINION BY MR. JUSTICE BENJAMIN R. JONES
This appeal questions the propriety of a decree of the Orphans' Court of Montgomery County which, inter alia, directed payment of a $4,000 counsel fee.
On February 19, 1955, Lewis B. Taulane died, testate, survived by a wife, A. Virginia Taulane, and two
children, Joseph H. Taulane and Helen T. Webster. These survivors together with Harry J. Alker, Jr., Esq. were named as executors under the will and letters testamentary were issued to them on September 27, 1955. Some time later, the widow, A. Virginia Taulane, having become incompetent, the Liberty Real Estate Bank and Trust Company of Philadelphia was appointed as her guardian and she was removed as an executor of this estate.
On November 21, 1958, Helen T. Webster and Joseph H. Taulane petitioned the Orphans' Court of Montgomery County for the removal of Harry J. Alker, Jr. as an executor of this estate.*fn1 To that petition Alker filed an answer.
Alker then petitioned the Orphans' Court of Montgomery County to have his co-executors join in filing an account in this estate, a petition which was answered by one of the co-executors. Alker then resigned as executor on February 17,1959. On March 23, 1959 Alker represented by three counsel, filed an account as a co-executor. This account provided for the payment of a ...