Allen v. Martin
Supreme Court of Alabama
Appeal from the Probate Court of Montgomery. Ou final settlement by Abram Martin of bis accounts as guardian of Wade H. Allen, bis late ward, the court allowed.the guardian five per cent, commissions on the amount of his receipts, and two-and-a-half per cent, on the amount of his disbursements; and in ascertaining the amount of his disbursements, abalance of over $24,000 in the guardian’s hands, for which a decree was rendered against him in favor of the ward, was included.
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Appeal from the Probate Court of Montgomery. Ou final settlement by Abram Martin of bis accounts as guardian of Wade H. Allen, bis late ward, the court allowed.the guardian five per cent, commissions on the amount of his receipts, and two-and-a-half per cent, on the amount of his disbursements; and in ascertaining the amount of his disbursements, abalance of over $24,000 in the guardian’s hands, for which a decree was rendered against him in favor of the ward, was included. To each of these rulings of the court the ward excepted, and he now assigns them as error.
1Opinion of the Court
A. J. WALKER, O. J.
The two questions in this case are, whéther a guardian can be allowed five per cent, commissions upon his receipts, and whether the payments to his ward, after attainment of majority, are disbursements upon which he is entitled to commissions.
[1.] Section 1825 of the Code makes two-and-a-half per cent, the maximum limit to the commissions of executors and administrators, on receipts and disbursements, but authorizes the allowance of a just compensation for actual expenses, and for special or extraordinary services. Section 2089 of the Code is as follows: “ In the settlement *443…
2Cases cited2 opinions
- Newberry's Administrator v. Newberry's DistributeesSupreme Court of Alabama · 1856
- Wilson's Heirs v. Wilson's Adm'rSupreme Court of Alabama · 1857
3Cited by2 opinions
- Frierson v. TravisSupreme Court of Alabama · 1863
- Allen v. MartinSupreme Court of Alabama · 1860