Gordon v. Greening
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; G. W. Smith, Judge; Under onr Constitution and laws, a testator has no power by "will to fix the compensation of an executor, and thus divest the probate court of its .statutory power to allow commissions. The authorities are conflicting. 124 ■ Ual. 45; N. Y. fl. 523; 38 App.
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Appeal from Ouachita Circuit Court; G. W. Smith, Judge; Under onr Constitution and laws, a testator has no power by "will to fix the compensation of an executor, and thus divest the probate court of its .statutory power to allow commissions. The authorities are conflicting. 124 ■ Ual. 45; N. Y. fl. 523; 38 App. Div. 473; 183 Pa. 296; 1 Ashm. 317; 1 Walker 77; 150 Pa. 301; 69 Ky. 648 (6 Bush); 9 Id. 421; 140 S. W. 1056; 76 Id. 15. But in Arkansas the probate court may allow commissions in addition to the compensation fixed by the will. Art. 7, section 1, 'Constitution; Kirby’s Digest, § 1340;…
1Opinion of the CourtSmith, J.
George L. Eitchie, a citizen of Camden, died in the fall of the year 1913, leaving an estate valued at more than $400,000 which consisted of a mercantile business in the city of Camden, which he had carried on for many years, during that time selling almost entirely on a credit to many customers in Ouachita and other counties, many with security and many without. .The amount furnished yearly from his store was between $25,-000 and $40,000, and the number of his customers wa.s " around 300. The notes and stock of goods at the time of his death inventoried a little over $63,000. The balance of…
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