The Montgomery advertiser., 1903-03-14

KEENAN,. ct al. V. GRAHAM Extr. Final settlement of Estate.-Appeal from Probate Court of Dallas.
 i Wills construction; heirS; reaouary legatee.-A will contained no residuaTy clause. A codicil provided for the dVls- ion of the residue of the estate. pro rata, among the heirs of testatrix resident in the State of Alabama. A later coolcii heoueathed household effects which had not heretofore been disposed or, inciuo- ing a bequest of table-linen to tne "lae e of A nephew of testatr1x, who had not been mentioned in the will or first codi- ell, but who was a resident or Alabama Held: That she was not residuary lesa- tee under the will. ~ 2 Executor; when chargeable Wlth ln- terest.-An executor who was one of the residuary leRatees under will, Tn the administration of the estate coilecteo rents from real estate. money que on mortgages. dividends on stocks anu pro ceeds of the sale of stocks. and made distribution from time to time or 1unos received, leaving small balances Tn hls hands at different times. but did not selI the real estate until about elsnt years after the appointment, owing to ae- pressed condition of real estate values and a short time thereafter filed his ac- counts for final settlement (no parual settlements having ever been maoel. Held: That he was not charBeapie "atn M interest on the funds in his hands at diff ferent times. .,.
 8. same; Code, Sec. Hs-22O; anticfpat- ing fees: interest.-An executor or ad- ministrator, being by Code provisions en- titled to only l-2 per cent. on the amour. tt. appraised value of personal property ais trFbuted, is not entitled to anticipate ms fees and use the money; and If he does SO. he is chargeable with interest rom the date of such appropriation
 1. Executor; ordinary services; com missions; amou ~ If. how determined = In determining ,he amount or commas sions to be allowed an executor or ao- mtnistrator for ordinary services perform ed by him, the court should take into consideration the condition and value or the estate. the loss of time, risk and re- sponsibility, which the nature or me trust demands and which iS actually ln- currsd. and should allow such n reason ahIe remuneration, not exceeding the maximum statutory allowance as pru- dent and rust man would. in view Of the circumstances of each case. consloer fair compensation. without; however, De ing governed by business cnaTseS usually made for like services
 R. Same: extraordinary serv1ces-II eX- traordinary services are renoered. these may be compensated for beyond the statutory allowance owing S tne ps.r1 paL I!o uIar services rendered, ana the attenulhB conditions and circumstances.
 Same: provision of will for liberal pay1nent-A provision In Will that the awaCItnra are to be lFDcEdut pdlu lOi their services, will never authorize an aIowance for ordinary services, in excess of the maximum statutory allowance the Legislature having determined that fo he A fair and liberal allowance
 ' Same: when commissions excessive. Where an executor performed no extra ordinary services, but only rented out real estate, collected the rents therefrom, and the dividends on stocks. and sold the real estate and some or the stocks: and inc debts of the estate were small an allowance to him of per cent. on the aInnunt of receipts and disbursements and upon the appraised value of personal nronertv distributed was excessive. be- ing double the statutory limit.
 S Same; evidence.-On the settlement of an estate. where no extraordinary ser vices are performed evidence that the executors services were reasonably worth a certain per cent: or certain sum On excess of the statutory limit of I-2 per cent.) is not admissible.
 g. Same.-In the settlement or an es- tate evidence Is admissible as 10 the ser GIces rendered by the executor In and about the administration, as giving infor- nation on which to base an allowance within the statutory limits.
 Reversed and remanded. Opinion by Haralson, J.
 OSBORNE, Admrx., V. ALABAMA
 STEEL & WIRE co.
 Action for Damages for Personal Injury