Woodcock v. Reilly

Citations

• 16 S.D. 198
• 92 N.W. 10
• 1902 S.D. LEXIS 98

Syllabus

<p>1. Comp. Laws, § 4678, provides that, in the absence of contrary provision, an assignee for the benefit of creditors shall be entitled to the same commissions as are allowed executors and guardians. Section 5888 provides that an executor shall have a graduated percentage commission, and also, in the court’s discretion, any amount not exceeding the commission, as compensation for extraordinary services. Section 6008 allows a guardian his expenses and such compensation for his services as the court deems just. The court allowed an assignee for the benefit of . creditors, commissions ancf extra compensation up to the legal limit allowed executors. Held, that the basing of the allowance upon section 5888 was clearly permissible.</p> <p>2. Comp. Laws, l 5888, provides that an executor’s graduated percentage commission shall be based upon “the amount of the whole estate accounted for by him, excluding all property not ranked as assets.’ Certain judgments were obtained by an assignee for creditors in good faith, and after the filing of his report in relation thereto objecting creditors filed a stipulation that the amount of 'attorney’s fees and costs of litigation were satisfactory, and that the report might stand. Six months later a supplementary report was filed, in which inability to collect the judgments was shown. The court allowed him commissions upon the face of the judgments. Held, that the creditors could not be heard to object to such allowance, since they were estopped by their stipulation from saying that the judgments should not have been obtained in the first place and any subsequent depreciation in their value would not affect the commission of the assignee.</p> <p>3. The court allowed an assignee for the benefit oi creditors the full legal limit for extraordinary services. There was no evidence in relation thereto except the verified report of the assignee, claiming a larger amount. Held, that the allowance could not be disturbed on appeal.</p> <p>4. Whe