In re the Accounting of Schlang

In the case of Halsy agt. Van Amring (6 Paige, 12) the chancellor did not deem it necessary to pass upon the question as to whether the court of chancery could disallow commissions where an executor or administrator had fraudulently mismanaged the estate, but he did decide that commissions could not be disallowed by a surrogate, who is an officer of limited powers, and who, to use the language of the chancellor,.“takes no power “by implication.” The duty of the surrogate is .to obey the statute, which requires him to allow to executors and administrators specified commissions for their…