MCINTIRE V. MCINTIRE, 192 U. S. 116 (1904)

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U.S. Supreme Court

McIntire v. McIntire, 192 U.S. 116 (1904)

McIntire v. McIntire

Nos. 84, 85

Argued December 8, 1903

Decided January 4, 1904

192 U.S. 116


A testator left a residue "to be equally divided between my brothers Edwin and Charles children." At the date of the will, the brother Edwin had died, leaving six children, five of whom survived the testator. Charles had two children, and he and one of his children survived the testator.

Held that the residue was to be divided per capita.

Counsel was retained to uphold the will at the petition of legatees, including the administrator with the will annexed, and was paid by order of court, the payments being charged by him against the interest of these legatees without prejudice to an application to have them charged against the estate. In the final account, the payments were charged against the estate and his accounts were allowed.

Held that the charge was proper.

An order of court was made by consent that the administrator with the will annexed should act as such, but without commission or other charge, the assets being in other hands. When the debts were.paid, the assets

Page 192 U. S. 117

were transferred to him by another order on his giving a new and larger bond.

Held that he was entitled to no commissions, notwithstanding the change made by the later order.

Partial distributions are charged against special pecuniary legacies, not against the interest of the legatees in the residue.

Interest properly is charged against an administrator for money which the record shows to be due from him to the estate.

The facts are stated in the opinion.

Page 192 U. S. 119

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