In re the Judicial Settlement of the Account of Harper

Fitzgerald, S.

An examination of the evidence in this matter satisfies me that the referee has correctly found that there was *472no agreement or understanding between the trustee and the beneficiaries of the trusts, respecting which the former is now accounting, that he would waive or renounce his right to the commissions iipon the income which he has disbursed to such beneficiaries. He omitted, however, to deduct or retain from this income which had been annually received and paid out by him during many successive years, pursuant to the requirements of the will of the testator, the commissions…