Opinion
(August Term, 1849.)
A trustee is entitled to commissions as compensation for his labor in managing the trust committed to him, though no provision be made for it in the deed of trust.
THIS case came before the Court upon exceptions to the report of the clerk to whom it had been referred at the last term. It is necessary to state only the ninth exception, as the others related entirely to matters of fact. The ninth exception was that the clerk had allowed 2 1/2 per cent as commissions to the trustee when there was no provision in the deed of trust that the trustee should receive any compensation for his services.
Boyd and Guion for plaintiff.
Alexander, Craige, and Iredell for defendant.
The ninth exception is overruled, because we think a trustee is entitled to commissions as compensation for his labor in managing the trust committed to him, though no provision be made for it in the deed.
PER CURIAM. This exception overruled.
Cited: Cannon v. McCape, 114 N.C. 582; Ivie v. Blum, 159 N.C. 123.
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