Bennallack

This is an appeal from a “decree settling accounts and decree of distribution” in the matter of the estate of Philip Richards, deceased. The facts in this case are substantially as follows:

Probate of the estate proceeded over a period of years and, on June 16, 1934, Wm. G. Richards, who since the death of the second coexecutor in 1900 had been the sole executor of the Philip Richards estate, rendered to the probate court an account which covered a period of twenty-two years, and which indicated a balance of cash on hand in the estate in the sum of $8,533.98. As against that amount, however, in the said account he requested that allowance be made to him for reasonable fees as executor. The amount shown as cash on hand included the sum of $3,000 which had been received as additional consideration in connection with certain real property which had been accepted in exchange for a parcel of real property that had belonged to Philip Richards’ estate at the time of his death.

On August 21, 1934, Frank Bennallaek, appellant herein, as administrator of the estate of Maiy Ann Bennallaek, deceased, who was the widow and heir of James Bennallaek (to whom Francis Richards’ residuary…