The ninth exception is overruled, because we think a trustee is entitled to commissions, as compensation for his labor in managing the trust committed to him, though no provision be made for it in the deed.
This exception overruled.
A trustee is entitled to commissions, as compensation for his labor in managing the trust committed to him, though no provision be made for it in the deed of trust.
This case came before the Court upon exceptions to the report of the clerk, to whom it had been referred at the last term. It is necessary to state only the ninth ex~ ception, as the others related entirely to matters of fact. The ninth exception was, that the Clerk had allowed two and an half per cent as commissions to the trustee, when there was no provision in the deed of trust, that the trustee should receive any compensation for his services.
Boyd, and Guión, for the plaintiff.
Alexander, Craige and Iredell, for the defendant.
The ninth exception is overruled, because we think a trustee is entitled to commissions, as compensation for his labor in managing the trust committed to him, though no provision be made for it in the deed.
This exception overruled.