In re the Judicial Settlement of the Account of Freeman

Schulz, S.

The executors in their account showed that the principal of the estate of the decedent that came into their hands amounted to less than $100,000. Subsequently and after a contest they were surcharged with the sum of $10,945.11, of which $7,481.04 was income and the balance principal, but even after such surcharge the principal remained less than $100,000.

There are three executors, and each of these claims to be entitled to a full commission, on the theory that the estate amounts to over $100,000. The special guardian objects to such an allowance, claiming that income and principal…