Estate of Constance R. Grant - Page 28




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          provisions of Maryland law, which relate to the calculation of               
          commissions for trustees, provide in pertinent part:                         
                    (c) Corpus commissions.-–Accounting from July 1,                   
               1981, whether or not the trust was in existence at that                 
               time, commissions are payable at the end of each year                   
               upon the fair value of the corpus or principal held in                  
               trust at the end of each year as follows:                               
                    (1) Four tenths of one percent on the first                        
               $250,000;                                                               
                    (2) One fourth of one percent on the next                          
               $250,000;                                                               
                    (3) Three twentieths of one percent on the next                    
               $500,000; and                                                           
                    (4) One tenth of one percent upon any excess.                      
               * * *                                                                   
                  *       *       *       *       *       *       *                    
                    (e) Final distribution.-–Upon the final distribu-                  
               tion of any trust estate, or portion of it, an allow-                   
               ance is payable commensurate with the labor and respon-                 
               sibility involved in making the distribution, including                 
               the making of any division, the ascertainment of the                    
               parties entitled, the ascertainment and payment of                      
               taxes, and any necessary transfer of assets.  The                       
               allowance is subject to revision or determination by                    
               any circuit court having jurisdiction.  In the absence                  
               of special circumstances the allowance shall be equal                   
               to one half of one percent upon the fair value of the                   
               corpus distributed.  [Md. Code Ann., Est. & Trusts,                     
               sec. 14-103(c), (e).]                                                   
               Respondent concedes that the estate is entitled under                   
          section 2053(b) to deduct trustees’ commissions in the respective            



               11(...continued)                                                        
          independent successor trustee of the Trust, Donald R. Wilson, or             
          such other independent successor trustee, was to receive “a                  
          reasonable compensation from the Trust Estate for his or her                 
          services.”  The declaration of trust did not provide for any                 
          compensation to be paid to Mr. Grant and Ms. Adams, who were to              
          serve with Donald R. Wilson as successor trustees of the Trust.              





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