In the Matter of the Estate of Webb

Supreme Court of Delaware

In the Matter of the Estate of Webb

276 A.2d 457, 1971 Del. LEXIS 298

DecidedMarch 31, 1971

StatusPublished

This text of 276 A.2d 457 (In the Matter of the Estate of Webb) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In the Matter of the Estate of Webb, 276 A.2d 457, 1971 Del. LEXIS 298 (Del. 1971).

Pincite

Opinion

PER CURIAM:

This is an appeal from the judgment of the Chancellor overruling exceptions to the disallowance by the Register of Wills of an executor’s commission to the individual co-executor under the will of Miriam Webb.

The will provided that Equitable Trust Company, now Bank of Delaware, and Donald W. Webb would be co-executors of the will. It also provided that Bank of Delaware would receive compensation as though it were the sole executor at the usual rate for such services, and that Donald Webb would receive compensation of one-half the amount allowed the bank. On the accounting, however, the Register of Wills allowed the commission of the corporate executor, but disallowed payment of the individual executor’s commission as an administration expense since the combined commissions exceeded the Register’s fee schedule of January 3, 1967. He suggested that the payment be treated as a legacy. The Chancellor upheld this ruling in an opinion reported at 269 A.2d 413. We affirm the decision of the Chancellor for the reasons set forth in that opinion.

We emphasize the Chancellor’s suggestion that the probate system of this state needs thorough revision. A committee appointed by the Chief Justice has recently been asked to prepare and recommend appropriate changes in our probate laws for consideration by the Legislature. Hopefully, the task will be completed shortly-

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

This is an appeal from the judgment of the Chancellor overruling exceptions to the disallowance by the Register of Wills of an executor’s commission to the individual co-executor under the will of Miriam Webb.

The will provided that Equitable Trust Company, now Bank of Delaware, and Donald W. Webb would be co-executors of the will. It also provided that Bank of Delaware would receive compensation as though it were the sole executor at the usual rate for such services, and that Donald Webb would receive compensation of one-half the amount allowed the bank. On the accounting, however, the Register of Wills allowed the commission of the corporate executor, but disallowed payment of the individual executor’s commission as an administration expense since the combined commissions exceeded the Register’s fee schedule of January 3, 1967. He suggested that the payment be treated as a legacy. The Chancellor upheld this ruling in an opinion reported at 269 A.2d 413. We affirm the decision of the Chancellor for the reasons set forth in that opinion.

We emphasize the Chancellor’s suggestion that the probate system of this state needs thorough revision. A committee appointed by the Chief Justice has recently been asked to prepare and recommend appropriate changes in our probate laws for consideration by the Legislature. Hopefully, the task will be completed shortly-

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

276 A.2d 457, 1971 Del. LEXIS 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-the-estate-of-webb-del-1971.

Opinion

Related

Cite This Page — Counsel Stack