The sole question is whether the trustee is entitled to 5% commissions according to the 'agreement set out in the deed. ¥e think he is not. The ■contract was that he should have 5% for the sale of the land, for making such sale, out of the proceeds of such ■sale. No such sale was had, by reason of the debtor being paid the debt, interest and cost of advertising before sale day, as was stipulated in the deed he "might do. The condition on which the commissions were to become due has not been performed, and although it’ was prevented by the plaintiff,- it was his right and duty to pay off his debt at his pleasure, and it was contemplated by the express terms of the deed that he could do so. Executors, guardians and administratoi’s are allowed commissions by statute. At common law a sheriff could not demand commissions, although the debtor paid the creditor the amount of the judgment after he had received the ■execution and made his levy. He was allowed to do so at first under .the Act of 1784 — now in The Code, Section 3752. There is no similar statute as to trustees. Courts may make such reasonable allowance to trustees as seems proper under the circumstances, when they see fit to do so. The rule was stated in Boyd v. Hawkins, 2 Dev. Eq., 336, to be “ a just allowance for time, labor, services and 'expenses, under all the circumstances that may be shown *399before a master.” The present case is distinguishable from Cannon v. McCape, 114 N. C., 580, by the terms of the contract in the two cases.
Affirmed.