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ESTATE KATHERINE JANE WIEST MCCREA (12/01/77)

decided: December 1, 1977.

IN RE ESTATE OF KATHERINE JANE WIEST MCCREA, DECEASED. APPEAL OF W. H. MCCREA, JR., INDIVIDUALLY AND IRIS W. MCCREA, EXECUTRIX OF THE ESTATE OF JOHN MCCREA, DECEASED


COUNSEL

George F. Douglas, Jr., Carlisle, for appellant.

Martson & Snelbaker, William F. Martson, J. Wesley Oler, Jr., Carlisle, for appellee, Sarah McCrea Chapman Jones.

McNees, Wallace & Nurick, Richard W. Stevenson, Harrisburg, for appellee, Farmer's Trust Co., Admr. DBNCTA.

Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, former C. J., took no part in the consideration or decision of this case.

Author: Roberts

[ 475 Pa. Page 384]

OPINION OF THE COURT

The Orphans' Court Division of the Court of Common Pleas of Cumberland County dismissed objections to the final account of the executor of the estate of Katherine McCrea. The orphans' court found that a settlement agreement among the devisees of the McCrea Estate did not exist

[ 475 Pa. Page 385]

    and imposed a surcharge upon the former executors. We affirm.*fn1

Katherine Jane Wiest McCrea (Mrs. McCrea), whose husband had predeceased her by some thirty years, died testate on March 24, 1961. Her will divided her estate among her six children, Katherine, William, Sarah, Elizabeth, Margaret and John. Her will named as executors John, William, and Sarah, all of whom were law school graduates. At her death, Mrs. McCrea owned several farms in Cumberland County. Some structures on the property were rental units, and others were converted into rental units by the executors. The will contained no authority to continue the operation of either the farms or the rental units and the executors did not request permission, as required by 20 Pa.C.S.A. ยง 3314 (1975), to do so.

Following Mrs. McCrea's death in 1961, John and William continued operation of the properties. Their law partnership, McCrea and McCrea, used one building on the property as an office, and William lived in another building.

The executors made no attempt to file an account and wind up the estate for twelve years when, in late 1973, William filed a First and Final Account.*fn2 After a hearing on exceptions to the First Account, William filed a Supplemental Account, to which exceptions were also filed. Katherine filed a petition to remove the surviving executors. On April 8, 1974, after a hearing, the orphans' court revoked the Letters Testamentary issued to William and Sarah and directed Letters to be issued to appellee Farmers Trust Company.

Appellee's First and Supplemental Accounts sought to deny certain claims for expenses, commissions, and fees submitted by John's estate and William, to require William and his law ...


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