Estate of Strybing

Contracts of Administrators and Their Effect.—An administrator can make any contract or agreement, but it is simply binding on himself, and is not a charge on the estate until the court allows his expenditures when represented in his account.

Broker’s Commission—Allowance to Administrator.—Brokers who are under no contract, express or implied, with an administrator, '-but who, on their own responsibility procure an advance bid on the property which the testator directs to be sold cannot be allowed a commission out of the estate.

Broker’s Commission—Allowance to Administrator.—If an administrator employs brokers to sell property of the decedent, the will directing it to be sold, and they procure a purchaser, but a sale to him is not consummated because another broker, on his own responsibility, procures an advance bid, the court should approve the payment by the administrator of a reasonable commission to the brokers procuring the first bid and thus laying the foundation for a sale which they did not actually effect.

Administrator with Will Annexed—Compensation.—If a will provides a compensation for the executors, administrators with the will annexed may claim the compensation…