In re the Estate of Goodwin

Summary

The court considers whether trustee commissions should be deducted in determining the taxable interests of legatees in the decedent's estate. It holds that the executors are entitled to commissions on the entire estate and trustee commissions on the trust fund established for the decedent's wife, while addressing limitations on additional commissions after her death. The court also finds that the appraiser incorrectly valued the sons' surviving life estates and reverses the tax order for correction.

Holdings

1. Executors are entitled to commissions as executors upon the entire estate and to additional commissions as trustees upon the thirty-six one-hundredths constituting the trust fund held for the decedent's wife.
2. The two trustees who held the fund during the wife's life were not entitled to extra commissions for continuing to act as trustees after her death and before termination of the three successor trusts.
3. Henry S. Robinson, who was designated to act as trustee after the wife's death, was entitled to full trustee commissions upon the value of the trust fund received and paid out by him.
4. Each son's interest in the trust fund was a surviving life estate in one-third of the fund, rather than a surviving life estate in twelve one-hundredths of the fund.

Questions Presented

1. Whether the executors were entitled to deduct commissions earned in their capacity as trustees, in addition to executor commissions, when determining the taxable interests of the legatees.
2. Whether the trustees holding the wife's trust were entitled to additional trustee commissions after the wife's death and before termination of the successor trusts.
3. Whether the trustee designated to act after the wife's death was entitled to full trustee commissions on the value of the trust fund received and paid out by him.
4. Whether the sons' surviving life estates in the trust fund were improperly valued by the appraiser.

Disposition

reversed_and_remanded