168 S.W.2d 24 | Ky. Ct. App. | 1943
Reversing.
When the Dixon Bank Trust Company made its final report as trustee of the estate of F.M. Baker, in 1936, it paid itself a 5 per cent commission amounting *702 to $2,015.77 on the total personal estate of $42,315.47; $24,059.56 of which was turned over to the succeeding trustee, and the remainder distributed to various persons. The Bank also deducted $200 for the supervision of real estate. During the Bank's period of trusteeship, which began in 1919, it deducted 5 per cent for all disbursements and also made an annual charge for making loans and supervising the real estate. The Baker heirs filed exceptions to the final settlement on the ground that the Bank was not entitled to a commission on the amount turned over to its successor. No other commissions or deductions were questioned. These exceptions were overruled and the heirs are now asking this Court to reverse the judgment of the circuit court to that effect.
Since the action of the trustee under attack herein took place in 1936, we must look to the then applicable statute as to fees chargeable by a trustee, KS section 3883 (KRS
Counsel for the appellee have sought diligently to justify its action in deducting the 5 per cent commission *703 on the $24,059.56. Reference is made to the size and character of the Baker estate and the successful manner in which it was handled, the inference being that the Bank performed extra and unusual services in handling the estate. Probably it did, but the record shows that it deducted the full 5 per cent commission on all amounts disbursed, and, in addition, deducted fees for making loans and supervising the real estate. Even the final settlement makes no claim for "unusual and extraordinary" services, though there was a $200 deduction for supervising real estate.
As the record stands, we think the appellants were entitled to the relief sought, and the judgment is therefore reversed with directions that it be set aside, and for the entry of a judgment in conformity with this opinion.