Brooks' Estate
Brooks' Estate
Opinion of the Court
Opinion by
Letters of administration on the estate of Henry Brooks, who died 4th February, 1908, intestate, were issued to three persons chosen by all parties in interest. The condition of the estate was such that it was thought wise to conserve it for a time rather than convert at once and distribute. To this end all the heirs at law and two of the administrators united in an agreement, placing
The other complaint is directed to the order of the court which allows a distribution of the securities of the estate in kind to the distributees desiring to so take. We see nothing in the situation of the estate which renders such distribution either impracticable or inequitable. The order was made upon the express desire of five out of the seven parties in interest, and now this appellant alone remains dissatisfied. He has brought nothing to our notice that affords reason to question in any way the justice and equity of the course adopted by the court in this regard. The assignments of error are overruled and the appeal is dismissed.
Reference
- Cited By
- 8 cases
- Status
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- Syllabus
- Decedents’ estates—Executors and administrators - ■ Compensation—Method of distribution—Distribution in hind -Judicial discretion. 1. Where shortly after the death of a decedent whose estate consisted mainly of unconverted securities, it was agreed that one of three administrators should manage the estate for a stipulated salary and it appeared that appellant, another of the administrators, had done nothing hut collect rents, upon which he had received the usual commissions, the action of the Orphans’ .Court' in fixing a lump sum as compensation for the administrators based upon the character and extent of the service rendered by them will not be reversed on appeal. 2. In such case the discretion of the Orphans’ Court was properly exercised in directing the distribution of the securities of the estáte in kind to the distributees desiring so to take, where it appeared that five out of the seven parties in interest desired such method of distribution and that there was nothing in the situation of the estate which rendered such distribution impracticable or inequitable.