1921 VLR 259IN THE WILL OF CRAWFORD Supreme Court of Victoria IRVINE, C.J. 03 May 1921Administration and probate — Executors — Commission — Individual executor appointed as co-executor with trustee company — Clause in will that individual executor should receive such rate of commission as Court or Chief Clerk shall think fit — Commission fixed by Court payable on same amounts as those upon which trustee company charges commission.
Where the testator appointed an individual executor and a trustee company as executors and trustees of his will, and provided that if the individual executor should "jointly with the said company prove this my will and accept the trusts thereof he shall receive out of my estate for his pains and trouble in that behalf such a rate of commission as the Court or Chief Clerk shall think fit to allow and this notwithstanding the payment or allowance to the said company of its statutory commission," the Court, without reference to the Chief Clerk, fixed the rate of commission at 2 per cent. on corpus and 2 per cent. on income, the commission on corpus to be estimated on the Victorian probate valuation less a certain amount, together with the value as estimated for duty of certain shares in New South Wales not accounted for in the Victorian probate, if such shares in New South Wales should be realized and the proceeds brought into the hands of the executors in Victoria, and the commission on income to be estimated on the same amounts as those on which the defendant company charged its commission.