F. P. Newport v. Paul W. Sampsell, Trustee in Bankruptcy for the Estate of F. W. Newport Corporation, Ltd., Bankrupt

We have here a question of compensation for services (and some expenses) in the matter of the estate of the F. P. Newport Corporation, Ltd., which has been in bankruptcy for over twenty years.

Before the adjudication of bankruptcy and until the appointment of a trustee, H. F. Metcalf was the receiver in bankruptcy. After a contest, Metcalf succeeded himself and became the trustee. The appointment for the latter office bears date of March 18, 1937. Eventually, Metcalf was succeeded as trustee in 1951 by Sampsell, appellee herein.

F. P. Newport, who in more prosperous days controlled the corporation bearing his name, apparently has been active in connection with the administration of the bankrupt estate since the inception of the bankruptcy proceedings. The activity seemingly has continued to a very recent date.

In November 1935, during the existence of the receivership, the district judge supervising the proceedings entered an order, the operative part of which reads as follows:

We shall allude later herein to the above as order No. 1.

On May 17, 1937, Metcalf, in his new capacity as Trustee, obtained an order (hereafter order No. 2) from the referee in bankruptcy in charge of…