United States Supreme Court Cases & Opinions

U.S. Supreme Court

McDonald v. Maxwell, 274 U.S. 91 (1927)

McDonald v. Maxwell

No. 147

Argued January 20, 1927

Decided April 11, 1927

274 U.S. 91

Syllabus

1. A decision of the Supreme Court of the District of Columbia, in Probate, allowing a commission to executors in the approval of their yearly account, is reviewable by appeal without bill of exceptions where an issue of law only was involved, raised by exceptions of the beneficiaries to the account. P. 274 U. S. 95.

Page 274 U. S. 92

2. Stock dividends on corporate shares in a decedent's estate in process of administration do not in themselves represent an increase of value upon which the executor is entitled to have a commission. Gibbons v. Mahon, 136 U. S. 549. P. 274 U. S. 96.

3. Judgment entered nunc pro tunc, as of the day on which the cause was argued and submitted, in view of the death of one of the respondents since occurring. P. 274 U. S. 99

6 F.2d 678 reversed.

Certiorari (269 U.S. 542) to a judgment of the Court of Appeals of the District of Columbia which affirmed a judgment allowing commissions to the respondent executors, over exceptions exhibited on behalf of the beneficiaries.