Opinion
June, 1911.
Dykman, Oeland Kuhn, for trustee.
Mayer Kromacher, for Jerome L. Bergen, cestui que trust and life tenant.
There should be no commissions upon the principal fund when the trustee asks, for reasons purely personal to itself, to be relieved from the trust before its completion. In this case, the trustee resigns because of its own desire to liquidate its affairs and to retire from business. Any allowance upon the corpus, which by its act is made subject to the commissions of its successor, would, to that degree, impose a double burden upon the estate.
Decreed accordingly.