Niolon v. McDonald

Citations

• 71 Miss. 337

Syllabus

<p>1. Trustee. Might to compensation.</p> <p>Without any express contract therefor, a trustee is entitled to compensation for executing the trust. The English rule to the contrary does not prevail in this state. Shirley v. Shattuck, 28 Miss., 13.</p> <p>2. .Same. Partial execution of trust. Compensation.</p> <p>Where, after condition broken, the trustee in a deed of trust to secure a debt, advertises the property for sale, he is entitled to compensation, although, the debt being paid, the sale does not take place; and if the trust-deed provides for payment out of the proceeds of the expenses of executing the trust, and payment of his compensation and expenses is refused by the grantor, the trustee may re-advertise and sell the property to pay the same.</p>