Estate of Marvin

Citations

• 1 Myrick 163

Syllabus

<p>Attorney fees.—Payable by the administrator in charge of the estate, THOUGH INCURRED BY AN EXECUTOR WHO HAS VACATED HIS TRUST.</p> <p>When attorneys render services to an estate at the instance of an executor, who thereafter resigns, and is succeeded by. an administrator, such attorneys are entitled to be paid for their services out of the estate notwithstanding the fact that such executor has not reported the item in any account.</p> <p>The attorneys cannot be expected to rely wholly on the personal security of the executor, when the estate has had the benefit of their services.</p> <p>Commissions.—Successive administrations.—Full commissions not allowable until close of administration.</p> <p>Property received from a former executor, on which such executor has been paid commissions, must not be included in estate administered, as a basis of calculation.</p> <p>Full commissions are not allowable until distribution can be decreed.</p> <p>Executor’s commissions on property partitioned in District Court allowable ONLY ON NET BALANCE OF SALE IN PARTITION.</p> <p>Where an undivided interest in lands subject to a mortgage has been set off to the estate in the District Court, and the tract sold to complete the partition and satisfy the mortgage, it is only on the estate’s interest in the surplus, that the executor’s commissions can be charged.</p> <p>Devise.—A devise postponing distribution, but not cheating a trust.</p> <p>Where the language of a will seems to contemplate merely a deferred distribution until the majority of the youngest child, and to create no trust other than executorship, the Court will not distribute the estate and part with the control of it until the designated time shall have arrived.</p> <p>Construing sections, C. C. P., 1616,1618.</p>