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.