Atkinson v. Robbins
U.S. Circuit Court for the District of District of Columbia
Appeal from the orphans’ court for the county of Alexandria, allowing the executor for his compensation seven and a half per cent, on the appraisement of the stock in trade, which the testator directed not to be appraised, and to be kept in trade to be carried on by one of his sons for the joint benefit of all the children until it should become necessary to divide it among them.
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Appeal from the orphans’ court for the county of Alexandria, allowing the executor for his compensation seven and a half per cent, on the appraisement of the stock in trade, which the testator directed not to be appraised, and to be kept in trade to be carried on by one of his sons for the joint benefit of all the children until it should become necessary to divide it among them. Exception was taken in the orphans’ court, by Mr. Semmes, for the legatees, and overruled by the judge, because, he says, the profits cannot be ascertained but by a comparison of the present value of the stock, with…
1Opinion of the Court
THE COURT, (THRUSTON, Circuit Judge, contra,)
affirmed uie decree of the orphans’ court.
CRANCH, Chief Judge,
stated his opinion to be, that the rights of all parties under the will are to be decided by the law of Virginia. The powers and jurisdiction, only, of the orphans’ court are to be ascertained by the law of Maryland. The rights of the legatees, and of the executor, are to be governed by the law of Virginia. By that law the court is to fix the compensation of the executor. It is a right which the executor has under that law. The court in Virginia is not obliged to give the compensation in…
2Cited by5 opinions
- Hoyt v. . ThompsonNew York Court of Appeals · 1851
- Swartz v. SwartzIndiana Court of Appeals · 1951
- Rooker v. Fidelity Trust Co.Indiana Supreme Court · 1926
- Cox v. FlaglerCity of New York Municipal Court · 1887
- Swartz v. SwartzIndiana Court of Appeals · 1951