In re the Estate of Pratt

Wingate, S.

Three questions respecting the commission rights of the accounting executors are raised upon the settlement of the decree of judicial settlement of their accounts. The first concerns their right to full commissions in an executorial capacity, despite the fact that portions of the assets are to be retained in their possession as trustees. The second relates to their right to commissions on the appreciation in value of certain assets, in view of the fact that a depreciation has occurred in respect of others; and the third involves the issue as to whether allowance may be predicated…