Estate of Lewis

The appeal in this matter concerns solely the interpretation of a clause in the will of Otto S. Lewis, also known as O. S. Lewis, deceased, who died November 18, 1926. His will and the two codicils supplementary thereto were admitted to probate and the estate administered in Orange County, California. It involved properties in New Mexico, Arizona, Oregon, Washington and California, and required four years to administer. The Orange County Trust & Savings Bank, a corporation, was named executor in the original will, but this appointment was changed by the codicil. Reeves Aylmore was appointed executor under the terms of the second codicil. He duly qualified and carried through a very successful and beneficial administration of the estate.

Paragraph 13 of the will provided for the compensation of the executor in the following phraseology: “and hereby fix its compensation as such Executor at five per cent. (5%) of the moneys received and paid out by it”. At the hearing of the final account and petition for distribution, the court in its order determined the fees of the executor to be as follows: “That the Executor’s fees, by the terms of the will, are 5% of the moneys received and…