In Re the Accounting of Bank of New York

The Bank of New York, during Andrew R. Culver’s lifetime and prior to the execution of his will, wrote him a letter as follows:

“ October 4, 1900.

Andrew R. Culver, Esq.

Dear Sir,

This Company will accept and discharge the duties of Executor and Trustee under the will you have left with us or any will which you may substitute for the same and will charge the following commissions: viz, The legal commissions upon the Principal and Income received and paid over by us as Executor at the following rates, i.e. 5% on $1,000, 2%% on $10,000, and 1% on the balance to be charged when this Company is…