Staples v. Somers

This appeal involves the single issue whether Allen W. Staples and T. D. Taylor, trustees under a deed of trust, who sold certain real and personal property as authorized by a decree entered in an equity suit, are entitled to the commissions fixed by the terms of the deed of trust, or those fixed by Code, § 8-669, as amended by Acts of 1950, ch. 279, p. 459. From a decree fixing the commissions according to the statute cited, the trustees have appealed.

The factual background and lower court proceedings may be stated thus: On January 27, 1952, James F. Somers, a resident of Clifton Forge, died…