Surcharge for Expenses of Devised Property but Others Denied, and Counsel Fees Denied

The failure of the executor to find bonds that were in joint names with one of the beneficiaries of the estate did not result in any loss to the beneficiary because the bonds had not matured and continued to accrue interest, and so surcharge of the executor was denied. The executor testified that another bond was sold during the decedent’s lifetime at the direction of the decedent and the proceeds placed in a joint bank account with the executor and, in the absence of any evidence of a contrary intent, those proceeds (and other accounts in joint names with the decedent and the executor) became the personal property of the executor at the decedent’s death. Surcharge for failing to appraise and distribute jewelry and furniture was also denied when the executor testified that she had tried to sell the items without success and the objectant failed to produce any evidence that the items had any value. Executor was surcharged for the payment from the estate of the taxes and expenses of property specifically devised, and was ordered to produce receipts for expenses for which she reimbursed herself from the estate. Counsel fees for the objectant were denied because the actions of the executor were not obdurate, arbitrary, vexatious, or dilatory. Workman Estate, 2 Fid.Rep.4th 158 (Bucks O.C. 2024).

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