IÍ ¾⅛⅛⅛ tlmCourt to allow Execui commissions ¿"ipts and ’ sa,T,e ™ liic disburse*» ments, but commission» on the pay-Set* due t<* themselves of another01^ persons-
The executors in settling their account with the éstate, had charged a commission of 5 per cent, on the amount of the receipts and expenditures ; part of the expenditure was a debt paid to W. Turner’s executors who were also the executors of T. Turner, The estate was worth only ^3541 It 3J, and the •commissions allowed by the ■ ter in his report amounted to £319 S 5. The case was sent here on exceptions to the report for the preceding reasons.
Daniel, J.
delivered the opinion of the Court.
The Court has the power of allowing five_ per, cent commissions on the receipts; and five per cent on the bursemeniéá The Court has a discretionary power to allow less, but not more than five per cent.
The Defendant, ⅛ this case, shoüld not be allowed com-missiohs on his own debt; the exception to the Veprtrtfoi that reason must be allowed, and the Judge will ase his discretion upon the other point.