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COMPILED CODE - Iowa Legislature - State of Iowa

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438<br />

§§ 7938-7942. ACCOUNTING OF EXECUTORS. Tit. XXX, Ch. 6.<br />

CHAPTER 6.<br />

ACCOUNTING OP EXECUTORS AND ADMINISTRATORS.<br />

SECTION 7938. Executors in their own wrong.<br />

1 Any person who, without being regularly appointed as executor<br />

2 or administrator, intermeddles with the property <strong>of</strong> a deceased per- |<br />

3 son, is responsible only to the regular executor or administrator, when<br />

4 appointed, for the value <strong>of</strong> all property taken or received by him, and '<br />

5 for all damage caused by his acts to the estate <strong>of</strong> the deceased.<br />

[C, '51, § 1439; R., '60, § 2464; C, 73, § 2484; C, '97,<br />

§ 3407; 39 G. A., ch. 117, § 1.]<br />

SEC. 7942. Compensation.<br />

1 Executors and administrators shall be allowed such reasonable<br />

2 fee as may be determined by the court, for services rendered, but not<br />

3 in excess <strong>of</strong> the following commissions upon the personal estate sold |<br />

4 or distributed by them and for the proceeds <strong>of</strong> real estate sold for the i<br />

5 payment <strong>of</strong> debts by them which shall be received as full compensa-<br />

6 tion for all ordinary services :<br />

7 For the first one thousand dollars, six per cent.<br />

8 For the overplus between one and five thousand dollars, four<br />

9 per cent.<br />

10 For all sums over five thousand dollars, two per cent.<br />

11 There shall also be allowed and taxed as part <strong>of</strong> the costs <strong>of</strong> ad-<br />

12 ministration <strong>of</strong> estates an attorney's fee for the administrator's or<br />

13 executor's attorney such reasonable fee as may be determined by the<br />

14 court, for services rendered, but not in excess <strong>of</strong> the schedule <strong>of</strong> fees<br />

15 herein provided for administrators and executors. Such further al-<br />

16 lowances as are just and reasonable may be made by the court to ad-<br />

17 ministrators, executors and their attorneys for actual necessary and<br />

18 extraordinary expenses or services.<br />

[C, '51, §§ 1429, 1430; R., '60, §§ 2454, 2455; C, '73,<br />

1 §§ 2494, 2495: C. '97, § 3415; 38 G. A., ch. 391, § 1;<br />

39 G. A., ch. 22, § 1.]<br />

i

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