In Re the Trust Estate of Wharton

DISSENTING OPINION OP

PETERS, C. J.

R. L. 1925, s. 2544, in clear and explicit terms prescribes that the compensation of fiduciaries be computed upon “moneys received.” As between landlord and tenant the assumption and payment by tbe lessee of the taxes assessed against the lessor upon the demised premises may properly be considered in the nature of rent and hence revenue or income. But this is equally true of covenants of lessees to repair, insure or make improvements. The question reserved, however, does not involve the relation of landlord and tenant but that of trustee and cestui que trust.…