Sanderson v. Pearson

Stewart, J., delivered the opinion of the Court. The testator, Joseph Pearson, by the codicil to his will, appointed the appellant trustee and executrix. The will authorizes the trustee to make sale of .the “Highlands,” as soon after the death of the testator’s wife, as conveniently could be done, but makes no provision for any compensation for the service as trustee. Under the English rule in regard to the allowance of commissions to a trustee, he is not permitted to make any charge for his trouble, loss of time, or for his service in the administration of the trust, unless the trust instrument empowers him to make such charge; but under our practice, from analogy to the law allowing commissions to ⁴⁸⁵ executors, administrators, guardians and trustees under judicial sales, commissions may be allowed to a conventional trustee, although not provided for in the instrument.

But such commissions will not be allowed where the performance .of the trust has imposed no labor or trouble which justly entitles him to commissions. N. C. R. vs. Keighler, 29 Md., 572 . Commissions ought not to be allowed, where there is no just ground for the claim thereto. Representing herself in both capacities, as executrix and trustee, the appellant made report of the sale of the real estate to the Orphans’ Court, and was there allowed in her fifth account, commissions on the sum of $217,380.80, the proceeds of the same, at the rate of 7|- per cent, amounting to $16,299.06.

Application was also made by her to the Circuit Court, as a Court of equity, under the Act of 1870, ch. 370, for confirmation of the sale and distribution of the fund, and the present claim