Opinion
July Term, 1818.
From Bertie.
Executors and administrators. The court is authorized to allow executors or administrators 5 per cent on their receipts and 5 per cent on their expenditures. It may in its discretion allow less, but cannot allow more.
THIS was a bill filed for an account and distribution of the estate of Thomas Turner, deceased. The accounts were referred to the master, who made his report, and allowed the executors 5 per cent commission upon their receipts and also 5 per cent upon their expenditures. Exceptions were filed to the report on this point, and the case sent to this Court.
The court has the power of allowing 5 per cent commissions on their receipts and the same on their expenditures. The court may, in its discretion, allow less, but not more.
(332)