92 Ky. 335 | Ky. Ct. App. | 1891
delivered the opinion of the court.
Abram Renick, the appellant’s testator, was, at- the time of Ms death, worth at least three hundred thousand dollars, consisting of a large and valuable tract of land and $64,570.37 of personalty. He willed this estate to the children of one of his nephews and appointed the appellant executor of said will, who caused the will to be probated and then qualified as executor and executed its provisions. The heirs at law of Abram Renick contested
Prior to 1873 the amount of allowance to executors, administrators, etc., for settlement of estates was left to the sound discretion of the court fixing the allowance. It was thought by the Legislature adopting the General Statutes that the discretion had been greatly abused in the interest of such fiduciaries to the detriment of the estates confided to their custody; therefore the maximum
The Legislature, on the 6th of March, 1876, while the graded allowance was in force, provided that the court of equity having charge of the settlement of an insolvent estate to settle and distribute, etc., among creditors, might, with the consent of a majority of the creditors in amount, allow the executor, etc., a greater compensation than that allowed by law, not to exceed five per cent, upon the “ whole amount collected and paid out.” Said act, when considered in connection with the evil intended to be remedied by the Act of 1873, leaves no doubt on the mind
There is no error of the court in the matters of the cross appeal.
The judgment is affirmed on appeal and cross appeal.