Follansbee Estate

Opinion by

Reno, J.,

The question to be decided is which one of two claimants is entitled to the commission for selling decedent’s real estate. The auditing judge allowed the claim of John B. Nicklas, Jr., an appellant. Upon exceptions, the court en banc, the auditing judge dissenting, set aside the allowance and sustained the claim of O. R. Minnemeyer, appellee. Nicklas, the executors, and several legatees appealed. '

Nicklas is a lawyer, and on October 11,1944, the day following decedent’s funeral, was retained by Anna Dashiell, a legatee, to represent hfer interest in the estate. He was not…