22 HIGH COURT OF CHANCERY.

THE CHANCELLOR :

In deciding upon the propriety of allowing commissions to
the trustee upon the sales of the property, the court is not em-
barrassed by any previous order making such allowance, no
such order having been passed; the sale itself, indeed, not
being finally ratified.

That a trustee may waive his claim to commissions, where
that claim exists, has been decided by the Court of Appeals in
the case of Ridgely vs. Gittings, 2 Harr. & Gill, 58, and of
course is not to be disputed, nor has it been disputed in this
case.

Without imputing to the trustee any improper conduct in
this case, or any the least desire to escape from his engagement
in reference to the claim for commission on the proceeds of
the sales of the property made by him, (and the court certainly
means to make no such imputation,) I am, nevertheless, of opin-
ion, after a close examination of all the evidence, that it was
distinctly understood that no such charge was to be made
by him.

And I am further of opinion, that when Mr. Glenn pur-
chased five out of the seven shares into which this estate is to
be divided, he was well warranted in believing, both from the
oral and written declarations of the trustee, that the property
would be sold by the latter, unburdened by the charge of com-
missions. This, the Chancellor thinks, is the conclusion to
which any mind must come, after a careful examination of all
the evidence.

It is also clear, he thinks, that in some of the conversations
and letters of Mr. Campbell upon the subject of selling this
property, a judicial appointment for the purpose was within the
contemplation of the parties; and I do not, therefore, see how the
distinction taken in the answer, between the duties of an agent
and those of a trustee, appointed by the court, can avail him.

Without going into a detailed investigation of the proof, the
Chancellor upon this statement of the conclusion to which an
examination of it has brought him, considers it proper to pass
an order disallowing the claim to commissions upon the sales
of the property.