Law Library Volume 24

Law Library Volume 24

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1839 edition. Excerpt: ...exceed 6l. per cent., not that under particular circumstances it might not be a great deal less.(/c) Mortgagees are expressly prohibited from charging any commission, except what they may have themselves paid by way of commission to a factor. (l) An executor who has been appointed in the East Indies, and administers in that country, and then returns to England, will, if called upon in a court of equity to render an account, be allowed a commission of five per cent. upon the receipts or payments according to the practice of the Indian courts. The appointment of an executor in the East Indies is considered the appointment of an agent for the management of the estate. VVithout such an allowance, where a person died in India deprived of the presence of his relations, the efl'ects of the testator might often not be collected at all. Besides, the executors in England could scarcely procure a person to undertake the ofiice at any cheaper rate.(m) An executor in India will only be allowed the commission where the testator himself has not left him a legacy for his trouble;(n) but if the amount of the legacy be an inadequate compensation for the duties of the oflice, it seems the executor, so as he signify his resolution in proper time, may renounce the intended legacy, and take advantage of the commission.(o) _, 441 A person who has carried on a business with another man's money, and so is constructively a trustee, may, _lf compelled to account for the profits, be allowed a compensation for hlfl skill and exertions in the management of the concern. ' Thus, Brown and De Tastet were partners, and Brown died, and De Tastet carried on the business with Brown's money. A bill was filed by Brown's representative against De Tastet...show more

Product details

  • Paperback | 252 pages
  • 189 x 246 x 13mm | 458g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236863348
  • 9781236863348