In re the Accounting of Dann

Roy M. Page, S.

In this proceeding for the judicial settlement of the executor’s account, the sole question requiring special attention is as to whether or not he is entitled to commissions on the value of real property of which the deceased died seized.

By the will, paragraph ‘ ‘ Second ’ ’, all of the net estate is constituted as a trust the income of which is provided for Eloise Gabriel, daughter of the testatrix, for the duration of her natural life, with the remainder to her four children, grandchildren of the testatrix. The will also contains an express power of sale of real property.

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