IN RE GITSHAM

[1929] VLR 305·LOWE, J.
[1929] VLR 305
1929 VLR 305
IN RE GITSHAM Supreme Court of Victoria LOWE, J. February 26, 1929. March 14, 1929, 15 July 1929 Administration and probateExecutorCommissionWhether commission allowable in respect of land which remains unconverted until conveyed to beneficiaryTransfer of land to beneficiaryExecutorial functionDeath of executorDuty of his executorAdministration and Probate Act 1915 (No. 2611), sec. 34.

Sec. 34 of the Administration and Probate Act 1915 gives the Supreme Court jurisdiction to allow to an executor, in passing his accounts, commission in respect of land which is directed by the will of the testator to remain unconverted until it is transferred to the beneficiaries who are ultimately entitled to it. Whether in any particular case commission should be allowed in respect of such land is a question to be determined on evidence adduced by the executor as to the pains and trouble taken or borne by him in the administration of the estate and the trusts of the will of the testator.

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[1929] VLR 305

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