Reports of Cases Decided in the Court of Chancery of the State of ..., volume 76
Reports of Cases Decided in the Court of Chancery of the State of ..., volume 76
New Jersey. Court of Chancery
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(1 Or. Ch.) S06; Barrett v. Doughty, 26 N. J. Eq. (10 C. E. Gr.) 379; Story Eq. PI. § ^6^. Although the order is erroneous, it was entered on the motion of the appellant as a substitute for a proper order in his favor. A party cannot appeal from an order procured by himself. Hooper v. Beecher, 109 N. Y. 609; 15 N. E. Rep. 7Ji2. To permit him to do so would simply open the door to unnecessary appeals. No better illustration can be found than this very case, since the second order could have had ...no possible object except to lay the foundation for this appeal. The appeal is dismissed, with costs. Digitized by LjOOQIC JUNE TERM, 1909. 293 6 Buck. In re N. J. Title Guarantee & Trust Co. In re account of New Jeesey Title Guarantee and Trust Company. [Argued July 2d, 1909. Decided November 15th, 1909.] 1. Under Orphans Court act (P. L, 1898 p, 762 § 180), authorizing the allowance to a trustee of such commission upon the income as the court deems just, provided that such allowance shall not exceed five per cent., the commission allowed may be less than five i>er cent., and ordi- narily where the annual income is large the circumstances must be unusual in order to justify the allowance of that rate, though it may be properly allowed where the income is small.
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