Brewer v. Oberg

Citations

• 18 Wash. 129
• 1897 Wash. LEXIS 121

Syllabus

<p>EXECUTORS—COMPENSATION — ASCERTAINMENT OF VALUE OF BEAL ESTATE — CONSTRUCTION OF WILL.</p> <p>Where the appraised value of a decedent’s estate is disputed as not being the real value at the time of final settlement, the court is authorized to examine witnesses as to the real value, for the purpose of obtaining a basis upon which to fix the executor’s compensation.</p> <p>Under a will directing that “for the purpose of settling my estate my executors shall be deemed executors and, for the purpose of managing my estate . . . and of investing the income . . . and increasing the capital of my estate, they shall be deemed trustees and shall be entitled to just compensation for their services,” the provision for compensation relates to the settlement as well as to the management of the estate, and, if not renounced by the executors, would govern in making allowance for their compensation rather than the statutory provisions on the subject of commissions to executors.</p>