244 Mass. 472 | Mass. | 1923
The commissioners were appointed May 7, 1920, and June 23, 1921, under St. 1917, c. 279, § 12, now G. L. c. 241, § 12, to make partition of sixty-six parcels of real estate “ aggregating in value $600,000,” which “ran the gamut from cheap lots and shabby buildings to high class expensive apartment houses.” 'The commissioners having made partition filed their report, to which the appellants while not objecting to the valuations of the parcels, or of the division, or to the expenses incurred in making partition, contend, that the sum of $30,000 awarded for services which under the statute they must pay, is excessive. St. 1917, c. 297, §§ 17,23. See Potter v. Hazard, 11 Allen, 187. The evidence was taken by a commissioner, and at the request of the appellants the judge made certain findings of fact, which are open for revision on the appeal. Martell v. Dorey, 235 Mass. 35, 40, Danforth v. Chandler, 237 Mass. 518, and cases cited. The commissioners .after several informal meetings to consider the nature of the ■property, and to discuss the mode of procedure, held their first formal meeting June 9, 1920, and from that date to August 19, 1921, inclusive, on approximately two hundred and forty-eight ■days, they were engaged either singly, or collectively in conferences between themselves, or with the heirs and their counsel, .and in the preparation of their report as well as supervising the numerous details of the partition, which included a careful examination of the property with estimates of value and the preparation of plans. While in some instances perplexing and difficult questions had to be carefully considered, they were satisfactorily adjusted without the employment of experts or counsel. The record also states that after August 19 two of the commissioners, “the third having died, rendered services which are not included in -their bill for services as shown in the commissioners’ report. But even if one of the commissioners whose evidence was not contradicted, testified that he “actually spent about six to seven
Affirmed.