LaRocca Est., 246 A.2d 337 (Pa. 1968). · Go Syfert
LaRocca Est., 246 A.2d 337 (Pa. 1968). Cases Citing This Book View Copy Cite
“the allowance or disallowance of counsel fees rests generally in the judgment of the court of the first instance. . . .”
392 citation events (248 in the last 25 years) across 27 distinct courts.
Strongest positive: Young, P. v. Ciccarello, L. (pasuperct, 2024-07-15)
Treatment trajectory · 1970 → 2026 · click a year to view as-of
1970 1998 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Young, P. v. Ciccarello, L.
Pa. Super. Ct. · 2024 · quote attribution · 1 verbatim quote · confidence high
estate of larocca
discussed Cited as authority (quoted) FROMPOVICZ v. NIAGARA BOTTLING, LLC
E.D. Pa. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the allowance or disallowance of counsel fees rests generally in the judgment of the court of the first instance. . . .
cited Cited as authority (rule) Situs Properties v. Foxhunt Realty
Pa. Super. Ct. · 2025 · confidence medium
To the extent the McMullen Court cited In re Estate of LaRocca, 246 A.2d 337, 339 (Pa. 1968), it did so in the context of a party’s arguments in the appeal.
discussed Cited as authority (rule) 88 Realty v. Zoom Tan
Pa. Super. Ct. · 2025 · confidence medium
Nevertheless, even if Zoom Tan had not waived this claim, no relief would be warranted. “[T]he reasonableness of the fee is a matter of sound discretion of the lower court and will be changed by an appellate court only - 14 - J-A17041-25 when there is a clear abuse of discretion.” LaRocca’s Trust Estate, 246 A.2d at 339 (cleaned up).
discussed Cited as authority (rule) D. Castellano v. Pennell Place HOA
Pa. Commw. Ct. · 2025 · confidence medium
Est., 246 A.2d 337, 340 (Pa. 1968) (holding the award of attorney’s fees is “peculiarly within the discretion of the court of first instance”).
examined Cited as authority (rule) BIF III Holtwood v. Sanford, C. (5×) also: Cited "see"
Pa. Super. Ct. · 2025 · confidence medium
Upon careful review, we agree. “[I]t is hornbook law that the reasonableness of [attorneys’] fee[s] is a matter for the sound discretion of the [trial c]ourt and will be changed by an appellate [c]ourt only when there is a clear abuse of discretion.” Estate of LaRocca, 246 A.2d 337, 339 (Pa. 1968).
discussed Cited as authority (rule) Wise v. KIMBERLY-CLARK CORPORATION
E.D. Pa. · 2025 · confidence medium
Doing so would comport with the Supreme Court’s more general pronouncement that, when assessing the reasonableness of attorneys’ fees, “the amount of money or value of the property in question” is “very important[].” , 246 A.2d 337, 339 (Pa. 1968).
discussed Cited as authority (rule) Chaclas, M. v. Chaclas, A. (2×)
Pa. Super. Ct. · 2025 · confidence medium
In re LaRocca's Trust Estate, 431 Pa. 542 , 246 A.2d 337, 339 (1968) (citations and footnote omitted) (emphasis added).
cited Cited as authority (rule) Amres Corp v. Ayzenberg, K.
Pa. Super. Ct. · 2024 · confidence medium
In re LaRocca’s Trust Estate, 431 Pa. 542 , 246 A.2d 337, 339 (1968) (citations and footnote omitted) (emphasis added).
cited Cited as authority (rule) In Re: E.C., Appeal of: C.G.
Pa. Super. Ct. · 2024 · confidence medium
Id. (quoting In re LaRocca’s Estate, 431 Pa. 542, 546 , 246 A.2d 337, 339 (1968)).
discussed Cited as authority (rule) Estate of: Owen Meals, Appeal of: Owen Meals (2×) also: Cited "see"
Pa. Super. Ct. · 2024 · confidence medium
In re LaRocca’s Trust Estate, 246 A.2d 337, 339 (Pa. 1968).
cited Cited as authority (rule) Vinculum, Inc., Aplt. v. Goli Technologies, LLC
Pa. · 2024 · confidence medium
Est., 246 A.2d 337, 339 (Pa. 1968).
discussed Cited as authority (rule) K.D. Morgan v. The Stotesbury Community Assoc., Inc.
Pa. Commw. Ct. · 2024 · confidence medium
Its opportunities of judging the exact amount of labor, skill, and responsibility involved, as well as its knowledge of the rate of professional compensation usual at the time and place, are necessarily greater than ours[.] 246 A.2d 337, 340 (Pa. 1968) (citation omitted).
discussed Cited as authority (rule) In Re: R.C.A., Appeal of: R.C.A.
Pa. Super. Ct. · 2023 · confidence medium
The facts and factors to be taken into consideration in determining the fee or compensation payable to an attorney include: the amount of work performed; the character of the services rendered; the difficulty of the problems involved; the importance of the litigation; the amount of money or value of the property in question; the degree of responsibility incurred; whether the fund involved was ‘created’ by the attorney; the professional skill and standing of the attorney in his profession; the results he was able to obtain; the ability of the client to pay a reasonable fee for the services …
cited Cited as authority (rule) Chaclas, M. v. Chaclas, A.
Pa. Super. Ct. · 2023 · confidence medium
Id. at 546 , 246 A.2d at 339 (citations omitted).
cited Cited as authority (rule) KANG HAGGERTY & FETBROYT LLC v. HAYES
E.D. Pa. · 2023 · confidence medium
Pa. Apr. 28, 2020) (alteration in original) (quoting In re LaRocca Estate, 246 A.2d 337, 339 (Pa. 1968)).
cited Cited as authority (rule) D.A. NOLT, INC. v. THE PHILADELPHIA MUNICIPAL AUTHORITY
E.D. Pa. · 2022 · confidence medium
In re LaRocca’s Trust Estate, 246 A.2d 337, 339 (Pa. 1968); see Hensley, 461 U.S. at 434-35 .
discussed Cited as authority (rule) Trust Est. Under Agreement of Sarah Mellon Scaife
Pa. Super. Ct. · 2022 · confidence medium
“Indeed, Pennsylvania law encourages trustees to seek the advice of counsel by allowing trustees to pay for legal expenses from a trust’s assets, rather than out of the trustee’s own pocket.” Id. n.1 (citing Larocca Estate, 246 A.2d 337, 339 (Pa. 1968), RESTATEMENT (THIRD) OF TRUSTS § 38(2), and Trust, §§ 7.02(k) and 8.10(c)).
discussed Cited as authority (rule) Trust Est. Under Agreement of Sarah Mellon Scaife
Pa. Super. Ct. · 2022 · confidence medium
“Indeed, Pennsylvania law encourages trustees to seek the advice of counsel by allowing trustees to pay for legal expenses from a trust’s assets, rather than out of the trustee’s own pocket.” Id. n.1 (citing Larocca Estate, 246 A.2d 337, 339 (Pa. 1968), RESTATEMENT (THIRD) OF TRUSTS § 38(2) (2007), and Trust, §§ 7.02(k) and 8.10(c)).
discussed Cited as authority (rule) Trust Est. Under Agreement of Sarah Mellon Scaife
Pa. Super. Ct. · 2022 · confidence medium
“Indeed, Pennsylvania law encourages trustees to seek the advice of counsel by allowing trustees to pay for legal expenses from a trust’s assets, rather than out of the trustee’s own pocket.” Id. n.1 (citing Larocca Estate, 246 A.2d 337, 339 (Pa. 1968), RESTATEMENT (THIRD) OF TRUSTS § 38(2) (2007), and Trust, §§ 7.02(k) and 8.10(c)).
discussed Cited as authority (rule) Trust Under Will for Campbell, C.
Pa. Super. Ct. · 2022 · confidence medium
LaRocca Estate, 246 A.2d 337, 339 (Pa. 1968) (citations omitted). -5- J-A29035-21 Here, the orphans’ court explained how it determined the GAL’s request for compensation was reasonable: …The Petition requested the sum of $5,412.07 for fees and costs incurred, at the rate of $200/hour, for the period of July 10, 2020 through November 23, 2020.
cited Cited as authority (rule) Revocable Living Trust of Tobias, P.
Pa. Super. Ct. · 2022 · confidence medium
Id. at 339 (footnote omitted).
cited Cited as authority (rule) In Re: Estate of Butz, K., Appeal of: Zimmerman, L
Pa. Super. Ct. · 2021 · confidence medium
Estate, 246 A.2d 337, 339 (Pa. 1968).
cited Cited as authority (rule) In Re: McKean, M.
Pa. Super. Ct. · 2021 · confidence medium
LaRocca Estate, 246 A.2d 337, 339 (Pa. 1968) (citations omitted).
cited Cited as authority (rule) In Re: Estate of McLeod, K.
Pa. Super. Ct. · 2021 · confidence medium
LaRocca Estate, 246 A.2d 337, 339 (Pa. 1968).
cited Cited as authority (rule) In Re: Estate of McAleer Apl of: W. McAleer
Pa. · 2021 · confidence medium
In re LaRocca’s Estate, 246 A.2d 337, 339 (Pa. 1968) discusses the considerations to be taken into account, many having nothing to do with the disclosure of privileged information.
cited Cited as authority (rule) ORION DRILLING COMPANY, LLC. v. EQT PRODUCTION COMPANY
W.D. Pa. · 2021 · confidence medium
Estate, 246 A.2d 337, 339 (Pa. 1968); and citing Arches Condo Ass’n v. Robinson, 131 A.2d 122 , 131- 32 (Pa. Commw.
cited Cited as authority (rule) Warwick Twp. v. J. and J. Winters
Pa. Commw. Ct. · 2020 · confidence medium
Estate, 246 A.2d 337, 339 (Pa. 1968).
cited Cited as authority (rule) Oehrle, A. v. Goldsmith, M.
Pa. Super. Ct. · 2020 · confidence medium
In re LaRocca’s Trust Estate, 246 A.2d 337, 339 (Pa. 1968).
cited Cited as authority (rule) GENESS v. COUNTY OF FAYETTE
W.D. Pa. · 2020 · confidence medium
Mirarchi Legal Servs., P.C., 2020 WL 2030036 at *7. 106 Id. at *6-*7 (quoting In re LaRocca Estate, 246 A.2d 337, 339 (Pa. 1968)). 107 Time entry, July 18, 2019, ECF Doc.
examined Cited as authority (rule) IN RE: RENEE MARIE THORPE (4×) also: Cited "see"
E.D. Pa. · 2020 · confidence medium
In re LaRocca Estate, 246 A.2d 337, 339 (Pa. 1968). into account equitable principles to determine the amount owed to Mirarchi, was in line with Meyer II’s instruction to treat quantum meruit like the equitable doctrine of unjust enrichment.
cited Cited as authority (rule) Township of Millcreek v. A. Cres Trust of June 25, 1998
Pa. Commw. Ct. · 2019 · confidence medium
LaRocca, 246 A.2d at 340 (internal citations omitted).
discussed Cited as authority (rule) Coyle, B. v. Coyle, R.
Pa. Super. Ct. · 2019 · confidence medium
The factors to be considered in determining the reasonableness of the claimed attorney's fees is set forth in the case authority of In re Trust Estate of LaRocca, 246 A.2d 337, 339 (Pa. 1968). 8 • The amount of work performed and the character of services rendered: Appellant's legal counsel did expend time on the Contempt Petition referred to Master Held by order of Court of January 23, 2014.
cited Cited as authority (rule) Estate of Moon A., Appeal of: Moon, K.
Pa. Super. Ct. · 2019 · confidence medium
In re LaRocca Estate, 246 A.2d 337, 339 (Pa. 1968).
cited Cited as authority (rule) Niagara Village v. HDSC08
Pa. Super. Ct. · 2019 · confidence medium
Estate, 246 A.2d 337, 339 (Pa. 1968).
discussed Cited as authority (rule) Michelle Prin v. Bob's Beer & Soda, Inc.
Pa. Super. Ct. · 2018 · confidence medium
“By now it is hornbook law that the reasonableness of the fee is a matter for the sound discretion of the lower Court and will be changed by an appellate Court only when there is a clear abuse of discretion.” In re LaRocca's Trust Estate, 246 A.2d 337, 339 (Pa. 1968) (citations and footnote omitted).
cited Cited as authority (rule) Estate of: Sandra C. Lesser
Pa. Super. Ct. · 2017 · confidence medium
In re LaRocca’s Trust Estate, 246 A.2d 337, 339 (Pa. 1968).
examined Cited as authority (rule) Shared Communications v. WHTR Real Estate (4×) also: Cited "see"
Pa. Super. Ct. · 2017 · confidence medium
In re LaRocca’s Trust Estate, 246 A.2d 337, 339 (Pa. 1968) (internal quotation marks and citations omitted).
cited Cited as authority (rule) In Re: Trusts Under the Will of Robert Montgomery
Pa. Super. Ct. · 2017 · confidence medium
In re LaRocca’s Trust Estate, 246 A.2d 337, 339 (Pa. 1968).
cited Cited as authority (rule) Toshiba America Medical Systems, Inc. v. Valley Open MRI & Diagnostic Center Inc.
3rd Cir. · 2016 · confidence medium
Estate, 431 Pa. 542 , 246 A.2d 337, 339 (1968).
cited Cited as authority (rule) In Re:Estate of Rickerson, B. Appeal of:Hessley B.
Pa. Super. Ct. · 2016 · confidence medium
In re LaRocca's Trust Estate, 246 A.2d 337, 339 (Pa. 1968).
cited Cited as authority (rule) In re Milbourne
Bankr. E.D. Pa. · 2016 · confidence medium
Estate, 431 Pa. 542 ,- 246 A.2d 337, 339 (1968). 14 The Debtor’s only line item objections to the pre-petition fees and costs were set forth in his first memorandum.
cited Cited as authority (rule) Collier, R. v. Balzer, J.
Pa. Super. Ct. · 2016 · confidence medium
Id., citing In re Estate of LaRocca, 431 Pa. 542 , 246 A.2d 337 at 339 (1968).
discussed Cited as authority (rule) Township of Millcreek v. A. Cres Trust of June 25, 1998 (2×) also: Cited "see, e.g."
Pa. Commw. Ct. · 2016 · confidence medium
Id. at 340 (internal quotation marks and citations omitted) (emphasis added).
cited Cited as authority (rule) K & S Joint Ventures v. OPC Mining Co.
Pa. Super. Ct. · 2016 · confidence medium
In Re Estate of LaRocca, 431 Pa. 542, 547 (1968).
examined Cited as authority (rule) The Arches Condominium Association v. L. Robinson (4×)
Pa. Commw. Ct. · 2015 · confidence medium
In re LaRocca’s Trust Éstate, 431 Pa. 542 , 246 A.2d 337, 340 (Í968) (internal quotation marks and citations omitted) (emphasis added).
cited Cited as authority (rule) In Re: Estate of Rodgers, E. Appeal of: Jones, R.
Pa. Super. Ct. · 2015 · confidence medium
In re Larocca Estate, 246 A.2d 337, 339 (Pa. 1968) (citations omitted).
discussed Cited as authority (rule) In Re: Estate of Speziale, M. Appeal of: Citrano
Pa. Super. Ct. · 2015 · confidence medium
In its seminal decision In re LaRocca's Trust Estate, 246 A.2d 337, 339 (Pa. 1968) (footnote omitted), the Court held: The facts and factors to be taken into consideration in determining the fee or compensation payable to an attorney include: the amount of work performed; the character of the services rendered; the difficulty of the problems involved; the importance of the litigation; the amount of money or value of the property in question; the degree of responsibility incurred; whether the fund involved was ‘created’ by the attorney; the professional skill and standing of the attorney in…
cited Cited as authority (rule) Estate of Clayton, R., Appeal of: Clayton, M., etc
Pa. Super. Ct. · 2014 · confidence medium
Dorsett, supra (quoting Trust Estate of LaRocca, 246 A.2d 337, 339 (Pa. Super. 1986)).
cited Cited as authority (rule) DeLage Landen Financial Services, Inc. v. Intentional Camping, Inc.
pactcomplcheste · 2013 · confidence medium
Id., at 546 , 246 A.2d at 339.
LaRocca Estate
Appeals, 58 and 59.
Supreme Court of Pennsylvania.
Oct 3, 1968.
246 A.2d 337
Thomas J. Timoney, with him Foulhe, Knight, Stefan <& Timoney, for petitioning attorneys., J. T. Goughian, Jr., for natural guardian of minor.
Bell, Belu, Mtjsmanno, Jones, Cohen, Eagsn, O'Brien, Roberts.
Cited by 155 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 68%
Citer courts: E.D. Pennsylvania (1)

Opinion by

Mr. Chief Justice Bell,

In 1954, Joe LaRocca created an inter vivos trust in certain real estate (which was conveyed to him by a third party) for the benefit of his minor grandson Julius LaRocca. Questions concerning this trust have been appealed to this Court on two prior occasions. * This time the issue is the amount of attorney fees which should be paid out of the trust estate for legal services rendered in connection with the protection of Julius LaRocca’s interest in the trust.

By its terms, the trust provided that the income was payable for the “support, maintenance and education” of Julius LaRocca, born December 19, 1952, until he reached the age of twenty-one, at which time the real estate was to be conveyed to him in fee. No income from the real estate was applied or paid in accordance with the provisions of the trust, and nothing was done about this provision of the trust until after the separation in 1958 of Julius LaRocca’s parents, Samuel (who was Joe LaRocca’s son) and his wife Maria LaRocca.

In 1961, Maria LaRocca engaged the services of attorneys Richard Knox and his brother John Knox, who thereupon filed in the Orphans’ Court a petition for a citation seeking to require Joe LaRocca, trustee, to file an accounting of income received by him from the trust property and to make appropriate distribution. In response to this action, Joe LaRocca sought reformation of the trust instrument, alleging that because of[*545] mistake the trust should be modified (1) to entitle him to receive the income from the trust property until his death or until the named beneficiary, Julius, reached the age of twenty-one years, and (2) to give him the power to revoke the trust. The Orphans’ Court reformed the instrument and gave Joe LaRocca the income from the trust until his death or until Julius reached twenty-one, but refused to give Joe any power of revocation. On appeal to this Court in 1963, we reversed and decided the minor beneficiary was entitled to the income from the trust and the trust deed could not be reformed. LaRocca Trust, 411 Pa. 633, 192 A. 2d 409.

Joe LaRocca thereupon filed his account with the Orphans’ Court which presented a number of legal questions with regard to the credits which were claimed by the trustee. Julius’s mother was not satisfied with the Court’s disposition of these questions and, as Julius’s natural guardian, requested attorneys Richard Knox and John Knox to take an appeal to this Court in 1965. On this appeal, we modified the adjudication of the Orphans’ Court, which resulted in a surcharge against the trustee in the amount of $5,861.31. LaRocca Trust, 419 Pa. 176, 213 A. 2d 666.

After that decision, the Knox brothers filed a petition in the Orphans’ Court requesting payment from the trust estate of legal fees for all their services totaling $10,600.00, less certain credits. This petition was opposed by the trustees, * and also particularly by Maria LaRocca as natural guardian. After a hearing, President Judge Taxis made an award to the Knox brothers of counsel fees totaling $7,000.00 payable out of the trust estate. The attorneys and Mrs. LaRocca filed separate appeals with this Court.

[*546] The Knoxes contend: (1) that there was no contract with Maria LaEocca, but there was an understanding that because a minor’s estate was involved, they would petition the Court at the conclusion of the litigation for an award of fair and adequate fees to be partially conditioned on the success of the litigation; (2) that the amount claimed was reasonable in view of the work performed and the number of hours spent by them in their representation of the minor over the five-year period involved; * and (3) that as the sole and direct result of their efforts, they have created a sizeable estate for the minor beneficiary.

Mrs. LaEocca contends that the amount claimed by the attorneys is unreasonable in view of the size of the minor’s estate, and that we should set some lower unspecified amount or remand for a further hearing.

What is a fair and reasonable fee is sometimes a delicate, and at times a difficult question. The facts and factors to be taken into consideration in determining the fee or compensation payable to an attorney include: the amount of work performed; the character of the services rendered; the difficulty of the problems involved; the importance of the litigation; the amount of money or value of the property in question; the degree of responsibility incurred; whether the fund involved was “created” by the attorney; the professional skill and standing of the attorney in his profession; the results he was able to obtain; the ability of the client to pay a reasonable fee for the services rendered; and, very importantly, the amount of money or the value of the property in question. ** Huffman Es [*547] tate (No. 3), 349 Pa. 59, 64, 36 A. 2d 640; Bickel Appeal, 388 Pa. 270, 276, 130 A. 2d 498; Fraiman Estate, 408 Pa. 442, 448, 184 A. 2d 494; Thompson Estate, 426 Pa. 270, 282, 232 A. 2d 625. A larger fee than usual is likewise frequently awarded when an attorney “creates” a fund.

By now it is hornbook law that the reasonableness of the fee is a matter for the sound discretion of the lower Court and will be changed by an appellate Court only when there is a clear abuse of discretion.

The attorneys assert that they have in effect created a fund in excess of $82,000 for the minor beneficiary. With this contention we disagree, both as to the creation and the amount of the fund. Included in this sum is the value of the real estate constituting the trust res ($28,200.00), * balance of income accumulated in escrow since our 1963 decision ($8,927.75), surcharge imposed by our 1965 decision ($5,861.33), value of future trust income estimated to the beneficiary’s 21st birthday ($21,710.08), and credits disallowed in litigation involving the trustee’s account ($17,-467.33).

Mrs. LaBocca claims that the real estate was always part of the trust and was not created or secured by the efforts of the attorneys. She contends further that the future income from the trust is too speculative to form a standard upon which to judge the reasonableness of the fee.

Judge Taxis, in fixing the fee, took into consideration the tremendous amount of time expended by the attorneys in this case and the quality of the services performed, as well as the value of the estate, which the attorneys claimed in the Court below to be $64,-[*548] 000.00 instead of the $82,000.00 which the attorneys claimed in their brief on appeal. Included in these figures was the speculative future rent receivable totaling $21,710. Without further supporting reasons, Judge Taxis awarded a total fee as above mentioned of $7,000.00, which he considered fair and reasonable compensation for the services rendered by the Knox brothers. It would have been helpful if he had given in greater detail (in his adjudication or Opinion) the factors he took into consideration in fixing the amount of the fee and his reasons in support thereof. However, the present record, in our opinion, supports the fee which was awarded, and we believe that Judge Taxis did not clearly abuse his discretion or, as some eases express it, commit palpable error. Thompson Estate, 426 Pa., supra; Bickel Appeal, 388 Pa., supra; Rambo’s Estate, 327 Pa. 258, 193 Atl. 1; Lare Estate, 368 Pa. 570, 84 A. 2d 334; Bennett Estate, 366 Pa. 232, 77 A. 2d 607; Faust Estate, 364 Pa. 529, 73 A. 2d 369.

In Thompson Estate, 426 Pa., supra, the Court pertinently said (pages 281-282) : “It is a Veil entrenched rule of law in this State that the responsibility for determining the amount of counsel fees rests primarily with the auditing judge.’: Mosicant Estate, 16 Pa. D. & C. 2d 66 (1959), Bickel Appeal, 388 Pa. 270, 130 A. 2d 498 (1957) affirms this: ‘In Good’s Estate, 150 Pa. 307, 310, this Court stated: “The amount of fees to be allowed to counsel, always a subject of delicacy if not'difficulty, is one peculiarly within the discretion of the court of first instance. Its opportunities of judging the exact amount of labor, skill and responsibility involved, as well as its knowledge of the rate of professional compensation usual at the time and place, are necessarily greater than ours, and its judgment should not be interfered with except for plain error ....’’ Both Good’s Estate and Rambo’s Estate, 327[*549] Pa. 258, 266, 193 A. 1, of similar import, have been cited with approval in Harton’s Estate, 331 Pa. 507, 523, 1 A. 2d 292; Berkowitz’s Estate (No. 2), 344 Pa. 485, 486, 26 A. 2d 295; Davidson’s Estate, 334 Pa. 389, 395, 6 A. 2d 73, and Lare Estate, 368 Pa. 570, 84 A. 2d 334. In Bambo’s Estate, supra, we said: “This court has frequently held that the allowance or dis-allowance of counsel fees rests generally in the judgment of the court of the first instance and its decision will not be interfered with except for palpable error:”. . . .’ (pp. 276, 277).”

In our judgment, the services of the Knox brothers effectively protected but did not create the minor beneficiary’s interest in the real estate constituting the trust res. Had Joe LaBocca prevailed in the original litigation, his grandson would have had but a mere future expectancy in this property, subject to his. grandfather’s right to receive all the income for his life and to revoke the trust. He now has an assured right to receive the property in fee upon attaining the age of twenty-one. Furthermore, the surcharge of almost |6,000.00 also involves a pecuniary benefit to the minor beneficiary. *

While the services of the attorneys consumed a tremendous amount of time and produced a very beneficial result for their client Julius, the small amount of money involved must be taken into consideration in fixing their fee; and, we repeat, we find no clear or palpable error in Judge Taxis’s award.

With respect to Mrs. LaRocca’s appeal, we believe that the interests of the minor beneficiary were adequately represented by the trustees, and we find no[*550] merit in Mrs. LaRoeca’s contention that the lower Court erred or abused its discretion in failing to appoint a guardian ad litem for Julius. Section 12, Rule 4, of tbe Orphans? Court Rules, vests wide discretion in the Orphans’ Court Judge in these matters, and we find no error of law or clear abuse of discretion. Cf. Kenna Estate, 348 Pa. 214, 34 A. 2d 617; Crawford Estate, 293 Pa. 570, 143 Atl. 214.

Decree affirmed, each party to pay own costs.

Mr. Justice Roberts concurs in the result.
*

See infra.

*

A corporate fiduciary was appointed as co-trustee with Joe LaBocca in an earlier proceeding in the Orphans’ Court.

*

The • claim was based on 450 hours spent by Richard Knox and S3 hours by John Knox, both employing an hourly rate of $20.

**

We are familiar with the fact that an attorney can rarely ever receive a reasonable fee when the services rendered are very numerous and the amount of money or value of the property involved is small.

*

The real estate is valued at both $20,000 and $28,200 in the record. In view of the uncontradicted appraisal of $28,200 which appears in the record, we will accept $28,200 as the fair value.

*

We do not pass on the pertinence of the disallowed principal and income credits as claimed by the trustee in his account totaling $17,467.33, as this was not presented to the Orphans’ Court as a basis for the reasonableness of the fees claimed.