In re the Estate of Jackson

Wingate, S.

In this case the accountant seeks a determination that, under the terms of the will, the testator contemplated that it should act in a dual capacity, namely, both as executor and as trustee, and that, as a result, it is entitled to commissions in both capacities.

This question is one which is raised in a very large proportion of cases of executorial accounting and is a matter of serious import to the estates of decedents. There is, of course, no question respecting the right of the person administering an estate to commissions on all income received and paid out by him. The sole…