Morgan v. . Hannas

<p>A guardian will not be allowed an extra compensation for services, although noi strictly within the line of his duties; as where the guardian is an attorney and counselor-at-law, he cannot charge for professional services rendered in the affairs of his ward, but is restricted to the statutory allowance. Neither an order of a surrogate, before the services are rendered, directing the performance thereof, and fixing the extra compensation, nor an order ratifying and allowing it, will legalize the charge.</p> <p>Where annual rests in the accounts of an executor or other trustee are required by the special direction of a court, in order to charge the trustee with interest, or where required by a rule of court or by provision of statute, full commissions may be computed upon the amount, excluding re-investments of principal. H a guardian has made and filed his accounts annually, as required by statute (chap. 460, § 57, Laws of 1837), he may be allowed commissidns in full upon each account.</p>