Estate of Chittenden

Citations

• 1 Coffey 1

Syllabus

<p>Executors—Eight to Counsel Fees.—The trust imposed upon an executor makes the probate of the will a part of his duty, for which he may employ attorneys and charge their fees against the estate.</p> <p>Executors.—The Fees of Attorneys Employed by an Executor in probating the will, being a charge against the testator's estate, can be fixed only by the probate court.</p> <p>Executors—Eight to Counsel Fees in Procuring Letters.—Counsel fees incurred by an executor in applying for letters are a proper charge against the estate, notwithstanding he renounces his trust before letters are issued.</p> <p>Executors.—There is a Distinction Between Executors and Administrators. -An executor is appointed by the will to carry out its provisions and the wishes of the testator, who burdens the executor with the trusts created by the will and charges his estate with the expenses necessary to carry out his views as expressed in his will; but an administrator has no trust imposed upon him by the decedent, and he looks solely to the statute for his duties, authority, and compensation.</p>