Supreme Court of Virginia, 1808

Hipkins v. Bernard

Hipkins v. Bernard
Supreme Court of Virginia · Decided June 15, 1808
2 Va. 21

Hipkins v. Bernard

Opinion of the Court

Per Curiam.

An executor is entitled to compensation for his risk, trouble and expenses ; and that should be fixed at a commission of five per cent upon actual receipts, and no more, as a general rule. This rule has not been departed from since the case of Granberry v. Granberry, 1 Wash. 246. unless it passed without notice; but expenses may or may not be allowed, as shall be reasonable, according to circumstances. The executor, in this case, was not bound to make the exchange; and the estate should not pay for it; since, if the bonds had been transferred, no commission on them would have been allowed.

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