Halfpenny Estate

DIGGINS, Sr. J.,

—The instant matter is before this court to determine the issue of whether certain real estate commissions, admittedly due, are the obligation of the subject estate and if so whether the executor should be surcharged for the amount due.

Decedent, Frank J. Halfpenny, died on April 27, 1969, leaving a will dated June 30, 1965, in which *784James Buckley was named as executor. In his will, the testator devised and bequeathed his residuary estate to Mary C. Buckley, and her issue, forever. The said Mary C. Buckley predeceased decedent and it has been resolved that the subject estate…