196 Pa. 80 | Pa. | 1900
Opinion by
The main contention at the audit related to the accountant’s claim for compensation for services and for the allowance of expenses incurred in the management of the real estate of the decedent. All questions relating to these subjects were carefully considered and properly decided by the learned judge of the orphans’ court specially presiding., The services of the accountant were of an unusual character and of great value to the estate, but they were not performed by him entirely in his capacity as administrator. He was acting in his own interest as an heir, as a trustee for some of the other heirs, possibly as an agent for others, and as administrator. The allowance made is in excess of the usual amount, being five per cent of the total fund, a large part of which was realized from the sale-^of real estate. This is all he was entitled to. Whatever claim for compensation and for expenses incurred he may have against the other heirs may be adjusted in another proceeding, but it cannot be considered in this.
The disposition of the costs of the audit is entirely just. A part of them were charged to the accountant, as his failure 'to keep proper accounts had made the reference to an auditor necessary, and the balance placed upon the estate for the reason that the audit had been needlessly prolonged by the appellees.
The decree is affirmed at the cost of the appellant.