The Law And Practice Relating to the Administration of the Estates of Deceased P
The Law And Practice Relating to the Administration of the Estates of Deceased P
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P. 259, and. Broughton 3 Jur. N. S, 657 ; Aldridgev. West- v. Broughton.
148 COSTS OF ADMINISTRATION ACTIONS.
the costs were not increased by his being one of the parties for whom such joint appearance was made. " There is, however, " said Turner, V. -C, in Lincoln v. Windf^or {I), "a marked difference between the cases of costs in- curred in a suit, and of costs incurred in the ad- ministration of an estate without the intervention of the Court. The general principle of the rule disallowing pr...ofessional charges by a trustee is this — that a trustee cannot be permitted to profit or to place himself in a situation to profit by his trust. Now, where a trustee is brought into Court in a suit, he can have no opportunity of placing himself in a situation to profit by his trust. Therefore, if a trustee be necessarily made a party to a suit, and the costs be not increased by any conduct of his, there appears to be no reason why he should not be allowed his costs. The reason of the general rule appears to be inapplicable to the case of a suit under such circum- stances ; but this does not extend to the case of the costs of administration out of Court ; " and even when there is a special direction in the will, an executor who acts as solicitor to the trust is not entitled to employ another solicitor to transact all the ordinary affaii's which he may have to perform, such as personal attendances, correspon- dence, &c, : e.
What to read after The Law And Practice Relating to the Administration of the Estates of Deceased P?
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To quickly assess the difficulty of the text, read a short excerpt:
P. 259, and. Broughton 3 Jur. N. S, 657 ; Aldridgev. West- v. Broughton.
148 COSTS OF ADMINISTRATION ACTIONS.
the costs were not increased by his being one of the parties for whom such joint appearance was made. " There is, however, " said Turner, V. -C, in Lincoln v. Windf^or {I), "a marked difference between the cases of costs in- curred in a suit, and of costs incurred in the ad- ministration of an estate without the intervention of the Court. The general principle of the rule disallowing pr...ofessional charges by a trustee is this — that a trustee cannot be permitted to profit or to place himself in a situation to profit by his trust. Now, where a trustee is brought into Court in a suit, he can have no opportunity of placing himself in a situation to profit by his trust. Therefore, if a trustee be necessarily made a party to a suit, and the costs be not increased by any conduct of his, there appears to be no reason why he should not be allowed his costs. The reason of the general rule appears to be inapplicable to the case of a suit under such circum- stances ; but this does not extend to the case of the costs of administration out of Court ; " and even when there is a special direction in the will, an executor who acts as solicitor to the trust is not entitled to employ another solicitor to transact all the ordinary affaii's which he may have to perform, such as personal attendances, correspon- dence, &c, : e.
What to read after The Law And Practice Relating to the Administration of the Estates of Deceased P?
You can find similar books in the "Read Also" column, or choose other free books by Walker, W. Gregory (William Gregory), 1848-1910 to read onlineMoreLess
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