Harkleroad v. Maxwell
Harkleroad v. Maxwell
Opinion of the Court
delivered the opinion of the court.
Several considerations show that the contention of appellee cannot be sound. That contention is that each chancery clerk, no matter how many, who may act as guardian of a minor,
Section 2189 provides that he shall “not be allowed more than ten per centum on the amount of the estate, if finally settled by him, or not more than five per centum if not so settled.”
If appellee's contention be sound, each guardian could have been allowed not only five per centum on the amount of the personal estate, and of the income of the real estate, but five per centum also on the value of the corpus of the real estate; or, in other words, fifteen per centum on the amount of the estate, real and personal, would thus be allowed, though the statute positively limits the compensation to ten per centum of the “amount of the estate settled."
Again, if appellee’s contention were sound, the clerk should give a bond when “the estate of the ward exceeds in value the penalty of his official bond," additional to his official bond. Nothing of the sort was done here, though the lands are estimated by the guardian himself at seventy thousand dollars.
Again, the guardian asked the chancellor to allow him commissions on the value of the corpus of the estate, which he refused to do, but expressly fixed the compensation at ten per centum — not five per centum; and limited it to the personal estate proper and income of the real estate.
These three considerations show that the chancellor thought, correctly, commissions should not be allowed on the corpus of the real estate. Cases may readily be imagined where lands might be worth large sums, and yet rent for very small ones. Take an almost wholly uncleared farm in the Delta worth $20,000; but, renting on pome small cleared acreage for $1,000. According to appellees’ theory each chancery clerk or guardian would be entitled to five per centum on the value of the corpus —$20,000—being $1,000, thus absorbing the whole rent, and also to five per centum on this sum of $1,000 rent. Such folly cannot be imputed to the legislature. Statutes must receive a reasonable application, looking to their purpose, the whole context, and the subject-matter dealt with, not narrowly to isolated words.
In § 2225 the phrase “value of the estate’’ occurs, and yet
Reversed, demurrer overruledand remanded with have to-answer in thirty days after mandate filed in the court below.
Reference
- Full Case Name
- Daniel Harkleroad v. Thomas R. Maxwell
- Status
- Published
- Syllabus
- Chaxcert Clerks. Guardians ex officio. Commissions. Code 1892, g 2189. Under code 1892, § 2189, providing commissions to chancery clerks, as ex officio guardians of the estates of infants, where two or more clerks act successively for the same ward, no one of them, not having finally settled the estate,'is entitled as compensation to five per centum commissions on the value of the corpus of the ward’s real estate, in addition to commissions on his personal estate.