Niolon v. McDonald
Niolon v. McDonald
Opinion of the Court
delivered the opinion of the court.
No issue was made by the pleading touching the validity of the appointment of Hall as substituted trustee, nor that the amount claimed by him for his services as trustee was excessive, the position taken by complainant being that the trustee was entitled to nothing for his services, because he did not in fact make the sale under the deed. We therefore decline to consider and decide upon these points.
The English rule that a trustee is not entitled to compensation for executing a trust unless provided for by the parties, has not been accepted in the United States generally, nor i u
The trustee here had performed some service in the execution of the trust, and for this he was entitled to compensation. Tie had also paid out money for advertisement of the notices of sale in a newspaper, and since by the terms of the deed he was authorized to so advertise, clearly he was entitled to be repaid for this outlay.
Decree affirmed.
Reference
- Full Case Name
- John M. Niolon v. Hugh McDonald
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- 1 case
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- Syllabus
- 1. Trustee. Might to compensation. Without any express contract therefor, a trustee is entitled to compensation for executing the trust. The English rule to the contrary does not prevail in this state. Shirley v. Shattuck, 28 Miss., 13. 2. .Same. Partial execution of trust. Compensation. Where, after condition broken, the trustee in a deed of trust to secure a debt, advertises the property for sale, he is entitled to compensation, although, the debt being paid, the sale does not take place; and if the trust-deed provides for payment out of the proceeds of the expenses of executing the trust, and payment of his compensation and expenses is refused by the grantor, the trustee may re-advertise and sell the property to pay the same.