Grant v. Pride, 16 N.C. 269, 1 Dev. Eq. 269 (1828)

Dec. 1828 · Supreme Court of North Carolina

16 N.C. 269, 1 Dev. Eq. 269

James Grant v. Edward Pride,

From Halifax.

C«mmL«5ons to executors are not a right attached to the office, but are an allowance for their trouble and risk in settling the estate therefore, where there was two executors, and one took upon himself more than half the trouble and risk, it was held, he was entitled to more than a moiety of the commissions.

The case made by the bill, answer and proofs in this cause was that the Plaintiff and Defendant were executors of one Bedding Jones ; that the, Plaintiff resided in Halifax County, and the Defendant in Wake, near the residence of their testator ; that most of the business connected with the estate of Jones, was performed by the Defendant, although the Plaintiff gave all the aid in his power $ that the sum of $692 67 was allowed the Plaintiff and Defendant for commissions $ and that the Defendant, Slaving all the funds in his hands, had refused to allow the Plaintiff any part thereof. The prayer of the bill was that the Defendant might pay to tiie Plaintiff, one-half of the sum allowed for commissions.

The case was submitted without argument by Seawell for the Plaintiff, and Badger for the Defendant.

Hall Judge

— The office of executor or administra tor does not per se draw commissiansaftei- it as a matter of course.' They are allowed for services rendered in liquidating; and settling estates. Therefore if one ex- , ' , ' , ecutor performs more labor, and renders more service {ftan another, he is entitled to a greater share of com-misssions.

In the present, case, it appears that the Defendant rendered all necessary services in adjusting and settling the estate of the testator; that the Plaintiff did attend at some few public meetings ; but the amount of service rendered by him has not been made to appear. He lived at a considerable distance j the Defendant lived very near the estate, kept all the papers, transacted the business with all concerned, and finally settled it, and held on upon the commissions.

It is unnecessary to refer the case to the master, because it is confin'ed to a narrow compass. I am author-ised to say, that a decree may be entered for one-sixth part of the commissions allowed to the Defendant, and that each party pay their own costs.

Per Curiam.-

—Let a decree be entered accordingly,.