Appeal of Fox
Appeal of Fox
Opinion of the Court
eox’s appeal.
It was practically conceded that the professional services rendered by appellant at the request of the executors, were worth fully as much as he claimed, but it was contended that a considerable portion of those services were for the personal benefit of the executors themselves, and therefore not properly chargeable to the estate. There was evidence tending to prove that fact, and the learned auditing judge undertook to determine what proportion thereof should be charged to the estate; and, having done so, that amount was allowed without prejudice to appellant’s claim against the executors individually for services rendered for their personal benefit. The facts were found by the auditing judge and approved by the court. There has been nothing shown to justify us in reversing, either as to the findings of fact, clearly stated in the opinion of the learned auditing judge, or the conclusions drawn therefrom. On the contrary, for reasons there given at length the decree should be affirmed.
Decree affirmed and appeal dismissed at the costs of appellant.
SMYTH AND KER’S APPEAL.
Per Curiam:
This case was argued with No. 174 of the same term, and (
Decree affirmed and appeal dismissed at the costs of appellants.
Reference
- Full Case Name
- APPEAL OF HENRY K. FOX. APPEAL OF G. W. SMYTH AND W. W. KER. [Estate of David Rentschler, Deceased.]
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- If, in the settlement of their accounts of the decedent’s estate, disputes arise between co-executors about matters which concern them individually, and separate counsel are employed and a number of accounts prepared before the difficulties are determined, it is not error to award to the counsel but a part of their compensation out of the estate, without prejudice to their rights to recover the balance from the executors individually.