What is to be
observed at
the time of
passing the account. |
132 DIRECTIONS for
EXrs. and ADmrs.
For all debts they bona fide pay away, they are
allowed a commission of ten per cent. but
nothing for specific legacies, or for distributive
shares. And, in the case of a will, if
any legacy be left to the executor for his
care and trouble, that legacy is a bar against
his claiming the commission.
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Where the executors or administrators have extraordinary
trouble, in collecting the deceased's
debts, something in the whole, not exceeding
five per cent. is usually allowed them, at the
discretion of the commissary, on their producing
full proof of such extraordinary trouble; but
not otherwise.
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When a crop of tobacco, corn, &c. happens
to be in the ground, and growing at the death
of the deceased, on land not devised; the executor
or administrator hath, till the next last day
of January to finish, and secure the same; for
the doing of which, they have a legal claim to
an allowance, which is always granted them in
proportion to the services done and expences
incurred; but the nature, or quantity of such services
being unknown to the commissary, without
being enumerated, the regular way is, for all
executors and administrators, to keep a distinct
account of what particular sums they do expend |
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