Estate of Frances C. Glover, a.k.a. Frances C. Cloud, Deceased, Kevin Holleran and Wilmington Trust Co., Administrators Pro Tem - Page 43




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               the other heirs, who have never filed exceptions, to reap              
               the benefits of the efforts of * * * [the exceptant’s]                 
               counsel without having to share in the expense of                      
               producing those benefits.  This would be a manifestly                  
               unreasonable and inequitable result. * * *                             
          In re Estate of Vaughn, supra at 1320; see also Commonwealth ex             
          rel. Hensel v. Order of Solon, 44 A. 327, 328 (Pa. 1899) (where the         
          attorney of one of several parties, all equally interested, secures         
          a fund which would otherwise have been misappropriated or lost, and         
          all share equally in the distribution, it is but equitable that all         
          should share in the expense which produced the fund, although but           
          one moved in the matter).  “Under the circumstances * * * [the              
          beneficiary] must be allowed reasonable counsel fees out of the             
          estate funds.”  In re Estate of Vaughn, supra at 1321.                      
               We conclude that under Pennsylvania law, Mr. Glover would be           
          entitled to reasonable compensation for services he rendered for            
          the benefit of the estate.  See, e.g., id. at 1320 (where the               
          executor, a beneficiary of the estate, expended extra effort in a           
          role separate and distinct from his role as executor, he was                
          entitled to fair and reasonable compensation for his additional             
          services).  Paying a beneficiary, instead of a third party, for             
          services rendered is not unfair to the estate.  Id.                         
               “In Pennsylvania, the test for determining the appropriateness         
          of the fees charged for services rendered in the administration of          
          an estate has always been ‘reasonableness’.”  Estate of Phillips,           
          616 A.2d 667, 668 (Pa. Super. Ct. 1992) (citing In re Estate of             






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