Ramsay v. First National Bank

380 N.E.2d 26, 63 Ill. App. 3d 370, 20 Ill. Dec. 349, 1978 Ill. App. LEXIS 3178
CourtAppellate Court of Illinois
DecidedAugust 22, 1978
Docket76-568
StatusPublished
Cited by6 cases

This text of 380 N.E.2d 26 (Ramsay v. First National Bank) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ramsay v. First National Bank, 380 N.E.2d 26, 63 Ill. App. 3d 370, 20 Ill. Dec. 349, 1978 Ill. App. LEXIS 3178 (Ill. Ct. App. 1978).

Opinion

Mr. JUSTICE NASH

delivered the opinion of the court:

Robert S. Ramsay, co-executor of the estate of Frank Kottrasch, deceased, appeals from an order of the trial court which fixed final executors’ fees.

Frank Kottrasch died testate on December 6, 1974, leaving a gross estate of approximately *900,000. Pursuant to the provisions of his will, Ramsay and the First National Bank of Lake Forest (Bank), appellee herein, were appointed by the trial court as co-executors of the estate in January 1975. The bulk of the decedent’s estate, except for his residence and personal effects, had been kept in a custodial account at the Bank and actively managed by it for a number of years prior to the time of his death. His will provided that his 82-year-old sister, Marie Kottrasch, was to receive a life interest in his estate with the remainder passing on to certain charities. In September 1975 an executors’ final account, prepared by the Bank and the attorney for the executors, John B. Schmidt, was submitted to Ramsay for his approval. It provided for an attorney’s fee of *40,000 for Schmidt and an executor’s fee of *30,000 for the Bank, but made no provision for any executor’s fee for Ramsay, whereupon he requested the trial court to fix an executors’ fee and to direct that it be divided equally between the co-executors. In January 1976 Ramsay withdrew his earlier request and filed a petition objecting to the final account and to the executor’s fee suggested for the Bank therein and also urged the Bank be held accountable for certain losses it allegedly caused the estate to suffer during administration. In July 1976 a hearing was held on this petition after which the trial court reduced the executor’s fee of the Bank to *20,000, apparently both because the amount of the suggested fee was not supported by the evidence and as a setoff for certain losses it found the Bank had caused the estate to suffer. The trial court also fixed an executor’s fee of *3,000 to be paid Ramsay.

Ramsay appeals contending (1) that the *20,000 executor’s fee awarded the Bank was not supported by the evidence and (2) that the trial court erred in failing to find the Bank liable for losses resulting for its imprudent sales of estate securities.

The Probate Act provides that an executor “shall be allowed reasonable compensation for his services ° ° (Ill. Rev. Stat. 1973, ch. 3, par. 336 (current version in Ill. Rev. Stat. 1977, ch. 110%, par. 27 — 1).) Illinois law also provides that qualified trust companies, such as the bank in the instant case, may be appointed as executors by will and that they should be allowed proper compensation for services performed as executor not to exceed that allowed to natural persons for like services. (Ill. Rev. Stat. 1973, ch. 32, pars. 287, 291.) However, a determination of the “reasonable compensation” to be allowed any executor of an estate is a matter peculiarly within the broad discretion of the probate court. (In re Estate of Bonnett (1977), 52 Ill. App. 3d 393, 398, 367 N.E.2d 524, 528; In re Estate of Brown (1978), 58 Ill. App. 3d 697, 706, 374 N.E.2d 699, 706.) There is no clear-cut rule to aid the probate court in ascertaining what a reasonable fee should be; it is a determination which must be based on the facts and circumstances of the particular case being considered. (In re Estate of Brown (1978), 58 Ill. App. 3d 697, 706, 374 N.E.2d 699, 706-07.) The factors to be weighed by the probate court in making this determination include the size of the estate, the complexity of its administration, the skills used, the opinion testimony of those familiar with that particular type of work (In re Estate of Venturelli (1977), 54 Ill. App. 3d 997, 1004, 370 N.E.2d 290, 295), the time required and the diligence, good faith and reasonable prudence of the one requesting the fee (In re Estate of Brown (1978), 58 Ill. App. 3d 697, 706-07, 374 N.E.2d 699, 707). In order to reverse the allowance of an executor’s fee a reviewing court is required to find that the trial court’s determination is manifestly or palpably erroneous. In re Estate of Brown (1978), 58 Ill. App. 3d 697, 707, 374 N.E.2d 699, 707; In re Estate of Bonnett, (1977), 52 Ill. App. 3d 393, 399, 367 N.E.2d 524, 529.

The evidence introduced at the hearing established that in administering this estate the Bank prepared the inventory, the Federal estate tax return, the Illinois inheritance tax return and the final account. It also paid routine debts, collected interest and dividends, sold securities and kept records of these transactions. An officer of the Bank testified he also made some 50 two-hour visits to Marie Kottrasch at her home, usually at her request, for the purpose of explaining matters regarding administration of the estate about which she had raised questions. Other evidence was that the Bank was required to review, discuss and sign a petition to reform the will, prepared by attorney Schmidt, which would allow it to conform with recently enacted Federal tax laws regarding charitable remainder trusts and that it also had to make complex calculations to determine the value of the charitable remainder trust. A representative of the Bank also appeared at a hearing on the inheritance tax return.

No records or estimates of the amount of time involved in rendering these services, other than the visits to Marie Kottrasch, were presented to the trial court, nor were any expert opinions introduced relating to the reasonable value of the services performed. The only evidence presented as to how its claimed *30,000 fee was computed by the Bank was that the Bank’s printed schedule of executor’s fees, which was based on a set percentage of an estate’s gross value, indicated they should charge a fee of *21,500 for administration of an estate of this size. The Bank then further determined that certain of the services it rendered were what it termed “unusual services,” such as those connected to reformation of the will, calculation of the value of the charitable remainder trust and appearance at the hearing on the inheritance tax return, and that an additional charge of *8,500 was appropriate compensation for these services. No evidence was introduced as to how this additional amount was computed.

Although, as we have described, there was evidence presented to the trial court describing the various services rendered by the Bank in administering the estate, there was no evidence presented in support of the amount of money it claimed to be a reasonable fee for its services other than the recommendations of the fee schedule presumably adopted by its own board of directors. In this regard, it has been established that fee schedules based on the value of an estate, without regard to the actual value of the services rendered, cannot be used as the primary basis for fixing reasonable compensation to be paid executors under the statute. (In re Estate of Brown (1978), 58 Ill. App. 3d 697, 710,

Related

Estate of Davis
509 A.2d 1175 (Supreme Judicial Court of Maine, 1986)
Facchini & Minton v. Reczek
420 N.E.2d 161 (Appellate Court of Illinois, 1981)
In Re Marriage of Reczek
420 N.E.2d 161 (Appellate Court of Illinois, 1981)
Gregory v. First National Bank & Trust Co.
406 N.E.2d 583 (Appellate Court of Illinois, 1980)
Gregory v. FIRST NAT'L BK. & TRUST CO.
406 N.E.2d 583 (Appellate Court of Illinois, 1980)
In Re Estates of Rice
396 N.E.2d 298 (Appellate Court of Illinois, 1979)

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Bluebook (online)
380 N.E.2d 26, 63 Ill. App. 3d 370, 20 Ill. Dec. 349, 1978 Ill. App. LEXIS 3178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramsay-v-first-national-bank-illappct-1978.