PIERCE ESTATE, 398 Pa. 505 (1960)

160 A.2d 205

Pierce Estate.

Supreme Court of Pennsylvania.January 6, 1960.
March 15, 1960.

Decedents’ estates — Personal representative — Receipt of property not owned by decedent — Subjecting property to administration expenses — Fiduciaries’ Act of 1949.

Where it appeared that the United States District Court directed the payment of certain bonds to an executrix as an expedient method of raising the question of ownership of them and the orphans’ court subsequently determined that they were not any part of the decedent’s estate but were owned by the appellees, it was Held that the court below had properly decided that (1) this property belonging to the appellees was not subject to the costs and expenses of administration of the estate, including counsel fees of the executrix, and (2) under the facts the rules permitting the payment of counsel fees either from funds which are produced by counsel’s efforts or funds which are in the hands of counsel were inapplicable.

Page 506

Argued January 6, 1960. Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

Appeal, No. 44, Jan. T., 1960, from decree of Orphans’ Court of Montgomery County, No. 57,419, in re estate of Walter Bryant Pierce, deceased. Decree affirmed.

Same case in court below: 20 Pa. D. C.2d 51.

Audit of account.

Adjudication filed sustaining objections to executrix’s account, exceptions to adjudication dismissed, and decree entered, opinion by TAXIS, JR., P. J. Exceptant appealed.

Israel Packel, with him Arthur Packel, and Speiser, Satinsky, Gilliland Packel, for appellant, executrix.

Roland Fleer, for appellee.

OPINION PER CURIAM, March 15, 1960:

Decree affirmed on the opinion of President Judge TAXIS, 20 Pa. D. C.2d 51. Costs on appellant.