In re the Estate of Peterkin

Christopher C. McGrath, S.

In this accounting proceeding a question of construction has been raised with reference to paragraph “Tenth” of the will which reads as follows: “I hereby nominate, constitute and appoint my daughter, Edna Grace Christein, Executrix of this, My Last Will and Testament, to act without compensation and to waive all fees as such Executrix ’ ’.

It has been held that a testator may forbid the payment of any compensation to his representative. Under such circumstances, all that the nominated fiduciary can do is to refuse to accept the appointment. However, if he qualifies…