IN RE BIRCH

[1924] VLR 510·SCHUTT, J.
[1924] VLR 510
1924 VLR 510
IN RE BIRCH Supreme Court of Victoria SCHUTT, J. November 18, 20 November 1924 Administration and probateAdministrationExecutor and trusteeCommissionProvision in willRate of commission upon income fixedAccompanied by declaration that a specified executor should be entitled to a specific sum as commission on corpusWhether other executors entitled to commission on corpusAdministration and Probate Act 1915 (No. 2611), s. 34 .

By his will a testator, having appointed certain persons executors and trustees, declared that they should be entitled to retain to themselves out of the income of his estate a commission of five pounds per cent. of all income moneys, to be equally divided between them. He also declared that a specified executor and trustee should be entitled to receive from the estate a specific sum for his services as an executor and trustee in respect of the capital of the estate.

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[1924] VLR 510

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