Rosenthal's Estate

Stearne, J.,

The exceptions raise two principal questions: Whether the auditing judge erred (1) in decreeing a forfeiture of the commissions of one of three co-executors and trustees, and (2) in declining to construe the terms of a trust erected in a codicil, and relegating that determination until the trustees filed their account.

The auditing judge, under undisputed facts, declined to allow Prank D. Behring, co-fiduciary, any compensation for services to the estate.

The allowance of a fiduciary’s commissions, as well as counsel fees, is primarily within the discretion of the auditing judge,…