191 A. 914 | Pa. | 1937
Argued March 23, 1937. The appellants seek to surcharge the committee of a lunatic. They were unsuccessful in the court below, which unanimously dismissed their exceptions to the account.
Their animadversion to the committee's conduct in the main arises out of its holding of certain securities, *140
received by it as part of the lunatic's estate, during a rapid decline in their market price. They argue their contentions as if the rules which apply to the management of trust estates are applicable to the acts of committees in lunacy, and as if it was the duty of the committee to convert the non-legal securities belonging to the lunatic into cash. Such is not the law. In the very recent case of Davidson's Est.,
The order of the court, authorizing the payment of counsel fees to attorneys who represented the committee in resisting the attempt to surcharge, the amount of the fees to be fixed by the court, was entirely proper: Biddle's App.,
Other criticisms of the committee are inconsequential.
Decree affirmed at appellants' cost.