Opinion
September 27, 1960.
November 15, 1960.
Decedents' estates — Administrator — Duties — Sale of real estate — Compensation — Counsel fees.
In this estate in which the assets totaled $10,500 including real estate inventoried at $5,000, in which it appeared that the first administrator paid the debts and unsuccessfully endeavored to sell the real estate and then abandoned the administration of the estate; whereupon another son of decedent was appointed administrator d.b.n. who sought to surcharge the original administrator for his failure to rent the real estate during the 2 1/2 years of administration; and at the audit of the account of the administrator d.b.n. the court below, of its own motion, reduced the requested counsel fees for the separate counsel of the two administrators and awarded counsel for the accountant a fee of $462.50 and denied the request for surcharge, and there was no proof of the rental value of the real estate or the amount of its depreciation, it was Held, in the circumstances, that the court below (1) had properly refused to surcharge the administrator for his failure to rent the property and (2) had properly dealt with the matter of counsel fees to the administrator d.b.n.
Argued September 27, 1960. Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN JJ.
Appeal, No. 271, March T., 1960, from decree of Orphans' Court of Allegheny County, No. 2107 of 1956, in re estate of Timothy J. Burns, deceased. Decree affirmed; reargument refused December 15, 1960.
Same case in court below: 22 Pa. D. C.2d 201.
Audit of account.
Decree of distribution entered, exceptions to decree dismissed and final decree entered, opinion by COX, J. Administrator de bonis non appealed.
James C. Larrimer, for appellant.
John D. Stedeford, for appellee.
The decree appealed from is affirmed, at appellant's costs, on the opinion of Judge COX.