The Law And Practice of Surrogates' Courts

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On what commissions are chargealle.]—Th.e statute gives the commissions " for receiving and paying out all sums of money ;" and where property is turned over to a party in interest, and ac- cepted as a payment of money, the commissions are earned {Matter of Kellogg, Y Paige, 265 ; Foley v. Egan, 13 All. Pr. N. S. 362, * As to the distinction between executors', trustees', and guardians' commissions before the acts of 1866 and 1867 (i. 1866, c. 115 ; L. ISeY, c. 782), see Laming v.
LansiTig (45
...Barb. 182 ; 1 Ahh. Pr. N. 8. 280 ; 31 Ham. Pr. 65) ; Foley T. Egan (la Ahb.Pr.N.S. 362, note).
ACCOUNTINGS. 385 Legacies. — How allowed ; Annual Rests.
note). So, as before stated, where the end of the executor's duty- is the marshaling assets in a permanent trust fund, good securities which formed part of the assets, were assigned to the trustee who succeeded the executors as permanent securities, instead of being collected and having the proceeds reinTested {Cairns v. Chaubert, 9 Paige, 160).


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