Doherty v. Stoner

WILBUR K. MILLER, Circuit Judge..

In this case we are called on to decide the proper method of computing an executor’s commissions under the District of Columbia statute,1 which provides that such commissions shall be “at the discretion of the court” and shall not exceed “ten per centum * * * of the inventory or inventories”.

Mrs. Christina Buchholz died January 15, 1945. The appellant, Cornelius H. Doherty, is the executor of her will which directed that “he be allowed the maximum compensation permitted by law,” a direction which nullified the court’s statutory discretion as to the amount of…