246 Pa. 188 | Pa. | 1914
Opinion by
Arising out of the same state of facts, we have here three appeals from the decree of the Orphans’ Court of Luzerne County, in the estate of Lewis Anthony Rees, deceased. These appeals were argued together, and will be disposed of in one opinion.
The following facts are not in dispute. David Rees died at Evanston, .Wyoming, on December 30, 1906, un
Upon the audit for distribution, as appears by the record of the auditing judge, counsel for the widow moved to strike out of the administrator’s account, and remove from the fund for distribution, two items, aggregating $2,250, which were included in the sum of $9,011.40, with which the administrator had charged himself as coming from the David Rees estate. This sum of $2,250, was the amount claimed to have been paid by the ancillary administrator to the widow of the
In the first appeal of J. F. Snyder, administrator, at No. 93, January Term, 1914, the decree dismissing the petition to review the audit of the administrator’s account is assigned as error; On exceptions to this account the court below surcharged the accountant with the sum of $2,433.17. It consisted in great part, of a reduction in the amount of counsel fees, for which credit was claimed, the allowance being reduced from $3,003.80 to $990. The agreement was, that counsel should receive one-third of whatever amount might be recovered from the estate of David Rees, deceased. The total amount so recovered was entered in the account as $9,011.40, but this was the full amount received by the Wyoming administrator, and the expenses, and a partial distribution made there to the widow, reduced the actual amount received by this accountant to $5,375.84. The court below held that the amount claimed as compensation for services as counsel was unreasonable, and
APPEAL AT NO. 141, JANUARY TERM, 1914.
This is an appeal of Kate Rees, the widow, from the final decree of distribution. It is contended on her behalf that the court below erred in refusing to reduce, by the sum of $2,250, the amount with which the accountant charged himself. This was the sum for which the ancillary administrator in Wyoming, claimed credit as having been paid to the widow in partial distribution. That account showed a balance for distribution of $6,587.81, of which the Wyoming court, after making certain deductions for costs and expenses, ordered the sum of $5,375.84 to be paid over to J. F. Snyder as administrator of the domicile. When the Pennsylvania administrator filed his account, however, he did not charge himself with this balance of $5,375.84, but instead he was charged with the sum of $9,011.40, which was the full amount received by the Wyoming administrator of the estate of Lewis Anthony Rees, deceased. The accountant proceeded to offset this extra charge in part, by an entry upon the other side of the account, in which he took credit for the payment of the costs and expenses in Wyoming, but he did not claim any credit for the payment of $2,250.00, in partial distribution by the ancillary administrator to the widow. The question whether or not this was the proper way to state the account might very well have been raised at the proper time and place, and by a proper party. But it cannot be raised here. This appellant filed no exceptions to the account, and it has been confirmed absolutely. At the last audit, the court below was concerned only with the distribution of the fund then shown to be in the hands of the accountant. It should also be noted that no complaint as to this matter is made by the accountant himself, and if he was satisfied with the way in which the debit side of the account was prepared for him, by his
. The court below is also charged with error, in holding that it had no jurisdiction to entertain the motion to surcharge the Welsh distributees with the costs and expenses of the. ancillary administration in Wyoming, in the proceedings in that state to collect the share of Lewis Anthony Rees in the estate of David Rees. We agree with the court below that this was a matter for the determination of the Wyoming court, and that if the question was to be raised at all, it should have been raised in that jurisdiction. The estate of David Rees was distributed entirely in Wyoming, part of it to the ancillary administrator of Lewis Anthony Rees, and part of it. to the Welsh legatees. When the distribution was made, any one interested in the estate of Lewis Anthony Rees, had the opportunity to raise any question, as to the proper, division of the costs and expenses, as between the various distributees. Not having done so, all parties in interest are concluded by the decree of the Wyoming court, and the question cannot properly be raised in the present distribution. It is a mere coincidence, that the collateral heirs of Lewis Anthony Rees are the same persons, as those to whom four-fifths of the estate of David Rees was awarded by the Wyoming court. If Lewis Anthony Rees had left issue, or had died testate, it would have been otherwise. In that event the right of his estate to compel other legatees of David Rees to bear the costs and expenses, which are here in question, would necessarily have been determined in Wyoming. In the present proceeding, as the court
In the appeal at No. 374, January Term, by J. F. Snyder, administrator, appellant seeks to raise the same question as that raised under the appeal of Kate Rees, widow, with respect to charging the costs and expenses of the Wyoming administrator, against the shares of the, Welsh distributees in the present fund. What we have. just said upon that question in the Rees appeal, disposes of that point. The court below was clearly right’ in holding that it was without jurisdiction to consider' that matter here.
The decree of the court below is affirmed. The appeals at No. 93, and No. 141, and No. 374, January Term, 1914, are all dismissed. The appellant in each case, to bear the costs of that appeal.