Monday, August 24, 2009

ESTATE OF ANNA E. FRIDENBERG, DECEASED APPEAL OF: WACHOVIA BANK

ESTATE OF ANNA E. FRIDENBERG, DECEASED
APPEAL OF: WACHOVIA BANK, N.A.

No. 2119 EDA 2008 2009 PA Super 164 Atlantic: 982 A.2d 68 Petition for Reargument Denied 10/30/2009 Filed: 8/24/2009

Appeal from the Order entered July 1, 2008
In the Court of Common Pleas of Philadelphia County
Orphans’ Court, No. 261 of 1941
Before: STEVENS, KLEIN and KELLY, JJ.
Opinion by: KELLY, J.
Dissenting Opinion Opinion by: KLEIN, J.
Appellant, Wachovia Bank, N.A., appeals from the order of the Philadelphia County Court of Common Pleas, Orphans’ Court Division, denying its application for certain commissions on trust principal as compensation for trust administration services. Appellant challenges the Orphans’ Court’s conclusion that such commissions were barred by In re Williamson’s Estate, 82 A.2d 49 (Pa. 1951). We reverse the order of the Orphans’ Court and remand for further proceedings consistent with this opinion.
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