Ogden v. . Murray

It is settled, by repeated adjudication in this State, acquiesced in for many years, although the question does not appear to have been passed upon in the court of last resort, that, where an active trust for the care, management, conveyance and appropriation of personal property has been created, and the instrument creating the trust makes no provision for the compensation of the trustees, they are prima facie entitled to the same commissions as are, by statute, allowed to guardians, executors and administrators.

The terms of the instrument may be such as to negative the idea that any…