Charles Patton Henry v. Joseph A. Grimes, Jr.

BAZELON, Chief Judge.

Charles Henry was removed as the executor of the estate of Nancy Williams Brown, by order of the District Court, 1 for failure “properly to account for the assets of the estate of this decedent.” The removal rested primarily on the court’s finding that Henry on his own initiative paid himself $2,325 from the assets of the estate, 2 partly on account for his commission as executor and partly as fees for his services as attorney-in-fact for Mrs. Brown before her death.

Since an executor’s commission is not fixed by the probate court until final settlement of his accounts, he…