Bank of Delaware v. INDUSTRIAL NATIONAL BANK RHODE ISLAND

This cause was certified for our determination and construction .of provisions of an indenture of trust and last will and testament of F. Bartholomay Jelke pursuant to the provisions of G. L. 1956, §9-24-28, as amended. The certification of said indenture of trust and last will and testament poses for the consideration of this court alternative questions which the parties phrase as follows:

“A) Whether executors’ commissions and attorneys’ fees incurred or paid by the executors of the Estate of F. Bartholomay Jelke, deceased, should be apportioned between said executors and the trustees of the…