Mercantile Trust Co. National Ass'n v. Jaeger

The majority opinion upholds the allowance of an additional commission of $190,-730 to the trustees and fees and expenses to their attorneys for services at trial and appellate levels. I respectfully dissent from both these rulings, being of opinion that the construction given the testator’s will and the allowance of attorneys’ fees against the fund in this type of case run counter to the adjudicated cases.

The majority opinion properly points out that our search must be for the true intent and meaning of the testator, in which quest we must consider the will as a whole “and not give undue…