TRUSTEES' COMMISSION.

Rangitikei Advocate and Manawatu Argus, Volume XXXII, Issue 8802, 2 May 1907, Page 3

TRUSTEES' COMMISSION.

A Feilding Case. In t’ie matter of the estate of William Ba'ior, late of Makino, Feilding, a motion ivas recently made before Sir Robert Stout, Chief Justice, concerning payment of commission for services rendered by executors of the estate. In a judgment made known to-day, his Honor says that some of the beneficiaries under the will opposed the motion, relying on a statement that when a previous claim against the estate was settled in favour of Mrs Lucas (a relative of one of the trustees) it was agreed that no claim shall be made for commission. In favour of this position certain beneficiaries have sworn affidavits staling that there was such an agreement. It is not suggested that William Ebenezer Baker (a trustee of the estate) was benefited by the settlement with Mrs Lucas, and statements made on oath by Mr Baker, Mr Short, Mrs Christenson, and Mrs Howell dl deny that there was any such agreement. As against this Statement there is the statement of Mrs Drake, Mr W. Brain well, Mrs Sramwell, and Mrs Baker, the widow, all stating that they would not have Agreed to payment of ,£4OOO to Mrs Lucas out of the estate (she being the mother of Ernest Short, a trustee of the estate) unless it had been understood that Short would not apply for remuneration. His Honor held it was possible there might have been some misunderstanding about the matter, but it did hot seem clear to him that «■ Short and Mr Baker agreed to waive their commission. It seemed that the agreements -wore drawn up by solicitors, and if such an arrangement was come to it should- have been embodied in the written agreement when Mrs Lucas’s claim was settled. The fact that it wftS not so embodied, and the conflicting nature of tho affidavits, showed that the onus cast upon the beneficiaries to prove that the executors had waived their commission had not been discharged. The trustees were entitled to commission on sale of tho estate, and the only question was as to what amount. A fair sum to allow them would bo £6OO. He awarded this sum, as they seemed to have been able t o dispose of the land without charging 'he estate any commission, and they seemed to have been very successful in their administration. —Post.