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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 208   View pdf image (33K)
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208 WINDER v. DIFFENDERFFER.

receive anything, as a compensation, until he has paid all he owes
to the plaintiffs, or cestui que trust.

It is clear that this trustee, John Diffenderffer, is entitled to some
commission, and as his claim to such compensation cannot be
affected by a reference to those circumstances, upon which he has
been charged with compound interest, it follows, that the amount
of his commissions can only be determined by a consideration of
all other circumstances connected with the discharge of his duty as
trustee. It appears from the proceedings, that he has had, in all
respects, as complicated and troublesome an estate to deal with,
as ever was committed to the management of a trustee of any
denomination. His receipts have been very numerous, many of
them small; and the collections and disbursements, it is evident,
must have been attended with much trouble; and, therefore, upon
every principle of analogy, apart from considering him as the suc-
cessor of the trustee Vincent, to whom ten per cent, had been
allowed, I am of opinion, that ten per cent, commission is a reason-
able compensation, and shall therefore ratify the statement of the
auditor, which makes that allowance.

Whereupon, it is Decreed, that the statement D, making a part
of the auditor's report, filed on the 10th of November, 1828, be
and the same is hereby ratified and confirmed; and all other state-
ments at the same time reported by the auditor, together with his
report of the 26th of March last, be and the same are hereby
rejected; and all the exceptions of the parties at variance with the
statement D, are hereby overruled.

And it is further Decreed, that the defendant John Diffenderffer,
pay unto the plaintiffs William S. Winder and Araminta, his wife,
or bring into this court to be paid to them, the sum of $] 3,060 58,
with legal interest thereon, from the 8th day of November, 1828,
until paid or brought into court.

And it is further Decreed, that the defendant John Diffenderffer,
pay unto the defendant Amelia Diffenderffer, or bring into this
court to be paid to her, the sum of $8,707 05, with legal interest
thereon, from the 8th day of November, 1828, until paid or
brought in.

And it is further Decreed, that the defendant John Diffenderffer,
pay unto the defendant Michael Diffenderffer, or bring into this
court to be paid to him, the sum of $8,707 05, with legal inte-
rest thereon, from the 8th day of November, 1828, until paid or
brought in.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 208   View pdf image (33K)
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