Legal Opinion

Parker v. Hill

Massachusetts Supreme Judicial Court

Decided January 7, 1904PublishedCited by 17 opinions

Appeal, from a decree of the Probate Court for the County of Middlesex, disallowing two items in an account of the petitioners as trustees under the will of Eliza I. Greenough.

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Appeal, from a decree of the Probate Court for the County of Middlesex, disallowing two items in an account of the petitioners as trustees under the will of Eliza I. Greenough. Petition in the Probate Court filed December 17, 1902. On appeal the case came on to be heard before Braley, J., who, at the request of the parties, reserved .it upon the record of the Probate Court, the objections to the decree, and an agreed statement of facts, for the consideration of the full court, such order to be made therein as justice and equity might require. The items disallowed were dated January 31,1902,…

1Opinion of the Court

Knowltoít, C. J.

The appellants are trustees under a will, and they appeal from a disallowance by the Probate Court of two items in their account, in each of which they ask to be allowed a commission of five per cent on the proceeds of certain property which belonged to the capital of the fund in their hands, and which they turned into money and held for reinvestment.

The law relating to the compensation of trustees differs greatly in different places. In England the rule has been that they should be allowed no compensation for the performance of their official duties. In some of the American…

2Cases cited3 opinions

  1. Post v. JonesSupreme Court of the United States · 1857
  2. Blake v. PegramMassachusetts Supreme Judicial Court · 1869
  3. May v. MayMassachusetts Supreme Judicial Court · 1872

3Cited by17 opinions

  1. King v. GraceMassachusetts Supreme Judicial Court · 1936
  2. Commissioner of Internal Revenue v. DavisCourt of Appeals for the First Circuit · 1943
  3. Blyler v. CommissionerUnited States Tax Court · 1977
  4. Grimes v. Perkins School for the BlindMassachusetts Appeals Court · 1986
  5. Rutanen v. BallardMassachusetts Supreme Judicial Court · 1997

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