Gordon v. West
Superior Court of New Hampshire
Appeals from a decree of the judge of probate for the county of Cheshire, allowing the administration account of W. Gordon, as executor of the last will of B. West.
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Appeals from a decree of the judge of probate for the county of Cheshire, allowing the administration account of W. Gordon, as executor of the last will of B. West. By the will of said West, made July 11th, 1817, he bequeathed to his wife his household furniture, &c. &c.— the interest of what money should be due him at his decease, (after payment of his debts and expenses of administration,) during her life — also the use and profits of all his real estate not otherwise disposed of, during her natural life. W. Gordon was made executor, and empowered, with the consent of Mrs. West, to sell and…
1Opinion of the CourtParker, J.
The first item in controversy, in this case, is the sum of § 142.37, charged by the executor for commissions on the sum of ,$5694.70, accounted for in his first account, on which no commissions were then charged.
We are of opinion that this claim ought not to be allowed. In relation to the articles of personal estate delivered the widow, or retained by the executor, in pursuance of the will, and the note against T. West, which by the will was to be given up to him, there is no ground for a charge of commissions, which are sometimes a proper charge for the risk and trouble of receiving,…
2Cases cited1 opinion
- De Peyster v. ClarksonCourt for the Trial of Impeachments and Correction of Errors · 1828
3Cited by4 opinions
- Brown v. SilsbySuperior Court of New Hampshire · 1840
- In re Estate of RolfeSupreme Court of New Hampshire · 1992
- Stewart v. HarrimanSupreme Court of New Hampshire · 1875
- Stewart v. HarrimanSupreme Court of New Hampshire · 1875