In re the Estate of Matson

OPINION OF THE COURT

Arnold F. Ciaccio, J.

In this proceeding for judicial settlement of the trustee’s accounts, the respondent beneficiaries object to the computation of commissions of the trustee. The issue presented is whether or not the trustee may properly consider for commission purposes, the unrealized increase in a particular stock held in its trust portfolio, which stock was held by the trustee against its own original investment judgment but in keeping with the beneficiaries’ specific request to retain the stock.

Pursuant to a decree of judicial settlement dated April 19, 1957, the…