30 Pa. Super. 628 | Pa. Super. Ct. | 1906
Opinion by
The appellant’s account which was filed July 13, 1903, was confirmed absolutely August 10, 1903. On June 18, 1904, Jeremiah IT. Wentzel, one of the assignors, presented a petition to set aside the confirmation of the account and for leave to file exceptions. Among the items to which objection was made were the credits for attorney’s fees and compensation to the accountant. The petition was refused except that part relating to these items as to which the order was entered from which the assignee appealed. It is not alleged that any fraud or concealment was practiced by the accountant, tire allegation of the petitioner being that he did not see the account and was not aware that it had been filed until after its final confirmation. He had been absent in the west for a few weeks and returned on August 31, after the account was confirmed. The learned judge of the court below concluded from the petition and the evidence taken that the averment of the petition that the petitioner was ignorant of the fact that the account had been filed until after its confirmation was true; that the amounts charged for counsel fees and compensation were excessive and that the prayer of the petition should be granted. We are not pers uaded that the finding of the court as to the lack of knowledge of the assignor that the account had been filed is manifestly erro