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Hipkins v. Bernard

Supreme Court of Virginia
Jun 15, 1808
12 Va. 21 (Va. 1808)

Opinion

06-15-1808

Hipkins v. Bernard, Executor of Hipkins, and Others


One of the principal questions in this case was whether the defendant, Bernard, should be allowed a commission of five per cent upon turning bond debts due to his testator, into mortgages, and delivering them over to the legatees.

OPINION

Per Curiam.

An executor is entitled to compensation for his risk, trouble and expenses; and that should be fixed at a commission of five per cent. upon actual receipts, and no more, as a general rule. This rule has not been departed from since the case of Granberry v. Granberry, 1 Wash. (VA) 246, unless it passed without notice; but expenses may or may not be allowed, as shall be reasonable, according to circumstances. The executor, in this case, was not bound to make the exchange; and the estate should not pay for it; since, if the bonds had been transferred, no commission on them would have been allowed.


Summaries of

Hipkins v. Bernard

Supreme Court of Virginia
Jun 15, 1808
12 Va. 21 (Va. 1808)
Case details for

Hipkins v. Bernard

Case Details

Full title:Hipkins v. Bernard, Executor of Hipkins, and Others

Court:Supreme Court of Virginia

Date published: Jun 15, 1808

Citations

12 Va. 21 (Va. 1808)