38 Mo. App. 456 | Mo. Ct. App. | 1889
delivered the opinion of the court.
The respondent is the executrix of the last will of Harrison Boothe. Upon a contest of the will, the appellant was appointed administrator pendente lite, and, when the contest terminated, he made his final settlement in the probate court, and turned over the assets in his hands to the respondent. In his final settlement thus made, the administrator pendente lite claimed five per cent, commissions on twenty-one hundred and four dollars, of which amount he had paid out, in administration, nine hundred and sixty-one dollars, and had paid the balance to his successor ; he also
The appellant claims that the court erred in not allowing him statutory commissions on the entire amount of twenty-one hundred and four dollars, and also erred in setting aside, and re-stating, the allowances made to him by the probate court for extras. The appellant claims that the probate court’s action on these allowances was final, and not subject to review in the circuit court, and that, if subject to such review, the review was erroneous under the cohceded facts.
The trial in the circuit court, on an appeal of this kind, is a trial anew of the whole case, and the court is invested with power to review every item in the settlement. Upon such review and upon evidence warranting the finding, the circuit court adjudged that sixty-five dollars was a reasonable compensation for extra services rendered by the administrator, and we see neither law nor reason for disturbing that finding, as it does not appear that his. services for collecting and preserving the estate were of a character entitling him to additional compensation beyond the sums allowed. A special administrator is not entitled to commissions on money
