1915 VLR 350IN THE WILL OF RAPHAEL Supreme Court of Victoria A’BECKETT, J. May 3, 24 May 1915Administration and Probate — Executor and trustee — Commission — Legacy to executors and trustees who shall act — Trustee acting as agent empowered to charge as such — Allowance of further commission — Administration and Probate Act 1890 (No. 1060), s. 26.
A testator by his will appointed as executors and trustees thereof A., B., and C., and bequeathed “to each of the said executors and trustees who shall act a sum of five pounds five shillings per annum until the estate be fully administered.” He further declared that B., who was a solicitor, might act as solicitor to the estate, and charge for legal work as if he had not been an executor and trustee, and also that, should any one of his trustees act as agent to his estate, such trustee might be paid the usual commission. C. was in fact an estate and commission agent, and had for many years prior to the testator’s death in 1894 acted as agent for his estate. A., B., and C. took out probate, and C. continued to act as agent for the estate, and was paid the usual commission. A. died in 1903, B. died in 1912, and in 1913 a trustee company was appointed to act as trustee with C. In 1915 C. applied for commission as executor and trustee.