Estate of Bryant

Principal and agent — Compensation of agent — Decedent's estate. Where an agent by the sudden death of his principal without known heirs is left in sole charge of his principal’s estate, he is entitled to compensation for services in connection with the estate until the persons entitled to the property are found and their rights established in the orphans’ court.

Petition for reargument. The case is reported in 176 Pa. 809. The petition of George Lodge represented that Captain Charles Bryant, at the time of his death, was possessed of certain real estate, situate in the city of Philadelphia; that at said time, and for a long time prior thereto, your petitioner had charge of the said real estate, the collection of the rents therefrom, the making of repairs thereto, and the general management of said real estate; that after the death of Captain Bryant your petitioner made efforts to find and secure the proper heirs of Captain Bryant, he having died intestate, and without generally known or recognized heirs; that the efforts of your petitioner were to have it lawfully established who were the proper and lawful heirs of Captain Bryant, to whom your petitioner should turn over the said real estate and account for the rents collected by your petitioner; that your petitioner employed William W. Ker, Esq., as his counsel, and agreed to-pay him $500 for his services; that in company with said counsel, your petitioner went from Philadelphia to Halifax, from thence back to Philadelphia, from Philadelphia to London, England, from there making journeys to other places in England, and from London back to Philadelphia again, the whole occupying thirty-three days of time; that during said journey and investigation the statements of witnesses were taken, two of which witnesses, whose testimony was thought to be material, were brought hy your petitioner from London to Philadelphia, where they appeared before the orphans’ court, gave their testimony, and then returned to England, and that the expenses of said two witnesses in traveling from London to Philadelphia and back again, and their board in Philadelphia for three weeks or over, were advanced and paid by your petitioner; that at the hearing before the auditing judge in the orphans’ court your petitioner presented a claim for the expenses incurred by your petitioner in hunting up said testimony and bringing said witnesses to court, and presented an itemized bill therefor, and also made a claim for the time expended by your petitioner, the same being as follows: Amount expended, as per itemized bill, . . $963.00 Services of your petitioner, 33 days at $20 a day, 660.00 Amount promised Mr. Ker,'but not yet paid, . 500.00 $2^123^00 And the auditing judge, in passing upon said claim, awarded your petitioner the said sum of $963 only. That the orphans’ court awarded the said estate to Mary Ann Ferris, et al., the English claimants; that George E. Bryant, et al., who were the Massachusetts claimants, filed their appeal in your honorable court of the term and number above set forth; that the full title of their said appeal is : “ Appeal of George E. Bryant, Henry L. Bryant, Abbey E. Taylor, William E. Bryant, Jennie Bryant White, Charles R. Bryant, Frederick W. Bryant, nephews and nieces of Charles Bryant, deceased, and Carrie B. Matson, Frank E._ Bryant, Anna Bryant, Hiram E. Bryant and Adeline F. Bussinger, grand-nephews and nieces of Charles Bryant, deceased, claimants to the estate, from decree of the orphans’ court of Philadelphia county, awarding the estate to Ann Chance, et al., English claimants; ” that the said appeal has been decided by your honorable court sustaining the said appeal, and that a petition for a rehearing was filed by and on behalf of the said Mary Ann Ferris, et al., who were the English claimants and appellees, but your petitioner is informed that the said petition has been refused. Your petitioner is not named as one of the appellees in the said appeal, was not served with notice of said appeal, and was not before your honorable court as one of the appellees, nor was the said claim of or award to your petitioner in any way considered, except indirectly in connection with the said award to the English claimants, in which award your petitioner has no interest; but your petitioner is advised that the said appellants refuse to admit the said award or claim of your petitioner on the ground that the said award and claim were not allowed by your honorable court, and that the decision of your honorable court against the appellees was in effect a decision against your petitioner. Your petitioner avers, that at the time of the death of the said Charles Bryant your petitioner was in charge of the real estate owned by the said decedent, and had in • his possession certain moneys received from the rents of said real estate; that it was the duty of your petitioner to take every precaution to see that the said real estate and moneys passed into the possession of the lawful heirs of the decedent; that in the honest and faithful discharge of said duty, as your petitioner understood it, your petitioner expended the said sum of $968 in hunting for the lawful heirs of the decedent and investigating their claims, and promised and agreed to pay to William W. Ker, Esq., the said sum of $500 for his professional services in assisting your petitioner in said investigation, and for which amount your petitioner is personally responsible, and which investigation occupied thirty-three days of the time of your petitioner, which time was of the full value of $20.00 a day, as claimed by your petitioner. Your petitioner has never appeared in your honorable court in the said case either as appellant, appellee, or petitioner for reargument, and he therefore prays that your honorable court will consider his said claim, and grant him a rehearing or reargument, or make such order and decree in regard to his said claim that justice may be done him in the premises.