Grant v. Pride

Full title: JAMES GRANT v. EDWARD PRIDE

Court: Supreme Court of North Carolina

Date published: Dec 1, 1828

16 N.C. 269 (N.C. 1828)

Opinion

(December Term, 1828.)

Commissions to executors are not a right attached to the office, but are an allowance for their trouble and risk in settling the estate. Therefore, where there were two executors, and one took upon himself more than half the trouble and risk, it was held, he was entitled to more than a moiety of the commissions.

From HALIFAX. The case made by the bill, answer, and proofs in this cause was that the plaintiff and defendant were executors of one Redding Jones; that the plaintiff resided in Halifax County and the defendant in Wake, near the residence of their testator; that most of the business connected with the estate of Jones was performed by the defendant, although the plaintiff gave all the aid in his power; that $692.67 was allowed the plaintiff and defendant for commissions, and that the defendant, having all the funds in his hands, had refused to allow the plaintiff any part thereof. The prayer of the bill was that the defendant might pay to the plaintiff one-half of the sum allowed for commissions.

Seawell for plaintiff.

Badger for defendant.

HALL, J.

The office of executor or administrator does not (270) per se draw commissions after it as a matter of course. They are allowed for services rendered in liquidating and settling estates. Therefore, if one executor performs more labor and renders more service than another, he is entitled to a greater share of commissions.

In the present case it appears that the defendant rendered all necessary services in adjusting and settling the estate of the testator; that the plaintiff did attend at some few public meetings, but the amount of service rendered by him has not been made to appear. He lived at a considerable distance; the defendant lived very near the estate, kept all the papers, transacted the business with all concerned, and finally settled it, and held on upon the commissions.

It is unnecessary to refer the case to the master, because it is confined to a narrow compass. I am authorized to say that a decree may be entered for one-sixth part of the commissions allowed to the defendant, and that each party pay their own costs.

PER CURIAM. Decree accordingly.

Cited: Wilson v. Lineberger, 88 N.C. 433.