In Re Donovan's Estate

Neither party is satisfied with the order entered in this matter by the circuit court and both have appealed. We find ourselves unable to agree entirely with the opinion of the learned circuit judge, for the reasons hereinafter given. Only one question is involved here, viz:

Shall the executor's commissions be computed (1) in accordance with the statute fixing compensation in force at the time of the death of the testator and the appointment of the executor (3 Comp. Laws 1929, § 15928), (2) under the statute in force at the time of approval of the executor's final account (Act No. 209, Pub.…