51 Md. 273 | Md. | 1879
delivered the opinion of the Court.
The controversy in this case is over commissions. It appears that in April, 1865, Charles Hamill executed a deed conveying certain property to Devecmon and Deford as trustees to secure a debt due to G-ustavus Beall. In default of payment the trustees, or either of them, were empowered to sell the property, and the deed stipulates that they shall receive “eight per cent, commissions as compensation ” for their services. Deford never acted and resigned, but Devecmon filed his bond, made several attempts to sell the property, but died before doing so.
1st. And first, we think there was no error in allowing compensation for the services of Devecmon. The practice of allowing a reasonable compensation to the estate of a deceased trustee who dies before the completion of the trust, is well settled and sanctioned by authority. Bentley vs. Shreve, 2 Md. Ch. Dec., 215. As to the amount allowed in this case, (if that be a matter within the revisory power of this Court,) we have no fault to find. The testimony in the record, upon which we do not propose to comment
2nd. We also agree with the learned Judges of the Circuit Court that the substituted trustees must be content to have their commissions regulated by the Chancery rule. They derive their appointment from the Court, and the order appointing them makes no provision for their compensation. They were content to accept this appointment which they did not receive, as the original trustees did, from the agreement and consent of the parties to the deed. It is to be presumed the original trustees were selected by the parties and their compensation fixed in view of personal considerations and by mutual understanding and agreement, and non constat these parties would have agreed to give the gentlemen who were substituted as trustees the same compensation. Parties have the right to make such lawful contracts as they please, and here the parties to the deed made a personal contract with the trustees of their own selection, that they should receive a .certain fixed compensation for the performance of the duties which the deed entrusted to their charge. Thé'substituted trustees are the appointees and officers of the Court, and their compensation must be regulated by the rules of Court.
It follows from what we have said that the order appealed from' 'must be affirmed.
Order affirmed, and cause remanded.