Appeal, No. 91, Jan. T., 1962, from decree of Orphans' Court of Montgomery County, No. 60440, in re estate of Charles Fraiman, deceased. Decree, as modified, affirmed.
Morris Gerber, with him Kiefer Newman Gerstley, and Wisler, Pearlstine, Talone & Gerber, for appellant.
Alan Miles Ruben, with him William L. Huganir, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.
OPINION BY MR. JUSTICE BENJAMIN R. JONES
Whether the court below abused its discretion (1) in allowing a $16,500 fee to counsel for services rendered in the settlement of a decedent's estate and (2) in refusing to remove a testamentary trustee are the questions presented on this appeal.
Charles Fraiman (decedent), a resident of Montgomery County, died testate on February 10, 1959. Under the terms of his will, the decedent, after making a $1000 bequest to an employee, created a trust of the entire residue of his estate under which, in perpetuity, the entire net income is to be paid to Yeshiva University in New York (Yeshiva). Benjamin Cohen, a close
friend of decedent, was named executor in the will and Attorney Melvin Rubin, the scrivener of the will, was named sole trustee and counsel for the executor.
Decedent's estate, inventoried at $282,000,*fn1 consisted of a scrap yard business, five parcels of real estate of which four were rent producing, several U.S. savings bonds, four bank and savings accounts and a claim against the Pennsylvania Turnpike Commission.
Mr. Rubin acted as counsel to the executor and handled the various matters connected with the settlement of the estate until March 1960 at which time, as the result of a disagreement between Mr. Rubin and the executor, the latter secured other counsel. In the meantime, Mr. Rubin had prepared, with the aid of an accountant,*fn2 a first and final account which the executor's new counsel filed in the Orphans' Court of Montgomery County. At the same time a supplemental account was filed which brought up to date the first and final account and particularly reflected the sale of all decedent's realty within a month after the executor's new counsel was secured.
Upon filing of the account, Mr. Rubin presented a claim in the amount of $28,200 for legal services rendered to the estate.*fn3 Both Yeshiva and the Attorney General of ...