In re Estate of Kohanyi

Citations

• 16 Ohio N.P. (n.s.) 337
• 1914 Ohio Misc. LEXIS 125

Syllabus

<p>Administration of an Estate XJnder an Order 'to Continue the Business of the Decedent — Duties and Liabilities of the Administrator — ■ What Are Proper Expenditures Under Such an Order — Extra Compensation for Extraordinary Services — Statutory Compensation Under an Order to Continue a Business — Allowed on Funds Under Control of the Administrator But Not Coming Into His Physical Possession — Attorneys Fees.</p> <p>1. Where a going concern passes into the hands of an administrator, the court will rely on his ability to handle the business to the advantages of the estate and will not scrutinize acts of a discretionary character in the absence of any showing of bad faith or of incapacity.</p> <p>2. It will be presumed in the absence of a showing to the contrary that an action brought against the estate was properly defended, and where such an action results in a judgment against the administrator he is justified in paying other claims of like character.</p> <p>3. An administrator operating a business is entitled to statutory compensation on funds under his control and for’which he is responsible, notwithstanding such funds did not come into his physical possession.</p> <p>4. Where it appears that the business has been successfully conducted, the debts paid and confidence imparted to the enterprise, extra compensation which together with the statutory commissions to the administrator does not exceed three per cent, of all the funds passing through his hands, is regarded, under the circumstances of this case, as reasonable allowance.</p> <p>5. A court would not be justified in such a case in ordering an examination to be made of the books of the business at the expense of the estate, where it is evident from the account, filed by the administrator that the books have been well kept; but the books will be made accessible to interested persons desiring to examine them at their own expense.</p>