221 Pa. 227 | Pa. | 1908
Opinion by
The executors of Stitzel filed their account showing a balance due to the residuary legatees, St. Joseph’s Hospital and the
At a continuance of this hearing, on a subsequent day the accountants presented formal resolutions by the boards of trustees of the two residuary legatees requesting the court to dismiss the exceptions and confirm the account as originally filed. Disregarding these resolutions the court subsequently filed a second adjudication, not only confirming the first surcharge, but making an additional surcharge of the other $1,500 previously allowed for counsel fees and striking off the accountants’ entire compensation on the ground that there had been an overvaluation of securities "which the legatees had accepted in kind, and thereby the commissions had been inflated.
This is a sufficiently detailed recital to show the nature of the proceedings, and anything more illegal would be hard to find. Every step was irregular.
By the Act of April 14,1835, sec. 1, P. L. 275, the orphans’ court is directed to examine the accounts of executors “ and if not excepted to they shall after due consideration be confirmed, but if any person interested in the estate shall except to the account,” etc., the court shall decide whether the matters contested call for reference, etc. The usual course of practice
There was not only no authorized exception by either of the only parties interested, but there was no one before the court-entitled to speak for them even as nominal exceptants. Mr.-Gross attempted to appear, but had to confess that he could not -produce a warrant of attorney after being ruled to do so. That ended any right to speak for them if he had had any before : Act of April 14, 1834, sec. 11, P. L. 333.
The first’ adjudication and surcharge being without notice or hearing were-illegal and void.' And the attempt to cure the defects subsequently was equally futile. The accountants were entitled to- a fair hearing before judgment, not merely-to an opportunity to .con vince a judge who had already prejudged the case. Further, all the proceedings were irregular
What is said in Franklin’s Appeal, 163 Pa. 1, may be appropriately repeated here. “ It is not intended in this opinion to say that a judge may not, of his own motion, initiate an investigation for the correction of evils in the administration of justice. He is the responsible head of his court, and if he has reason to suspect wrongs or irregularities it is not only his right but his imperative duty to see to their correction. But .he should proceed in an orderly and judicial manner. . . . The legal remedies are ample and effective, but none of them permits a judgment before a hearing. A judge never serves either law or justice by proceeding lawlessly, or forgetting that a court is a tribunal where justice is judicially administered. Actual justice may be done and sometimes effectively by the summary action of a vigilance committee or a mob of lynchers, but' it is not done judicially, and the dangers are such as no civilized community can afford to tolerate. Deliberate and orderly proceedings, including, as a foremost requisite, a full and impartial hearing before judgment, are the inviolable safeguards of public justice as well as of individual liberty.
“With the best intentions, no doubt, and under the belief that the situation required extraordinary action, the learned judge nevertheless adopted a method which cannot be sanctioned. The whole proceeding was non-judicial, void in form and in substance, and it is ordered to be struck off the record.”
The decree is reversed, all objections to the account are overruled and the account directed to be confirmed.