IN RE ERIE TRUST CO.
191 A. 613 (Pa. 1937)
NATURE OF THE CASE: The beneficiaries challenged the decision of the Court of Common
Pleas, which denied their right to a preference over general creditors in the distribution
of an estate.
FACTS: In the Estate of W. W. Gingrich, deceased, the Orphans' Court of Erie County filed
an adjudication surcharging Erie Trust Company, the executor, in the sum of $29,540,
representing trust funds expended by the company for the purchase of its own stock, and in
the additional sum of $25,819.80, representing cash taken from the estate by the company as
commissions, to which, as the court held, it was not entitled. The Trust Company was
insolvent and the beneficiaries of the Gingrich Estate sought priority in distribution for
the amount of this surcharge. The Court of Common Pleas denied their right to a preference
over general creditors. On the present appeal from that decision they have abandoned their
claim concerning the $29,540, and it is only their contention in regard to the $25,819.80
item that is presented to this court for consideration.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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