- 6 - executor's or administrator's commission). That provision states that "estate administration expenses shall be paid from the residue of my estate". See supra p. 2. In an effort to avoid the mandate of Wis. Stat. Ann. sec. 701.20(5)(a), that such expenses "shall be charged against the principal of the estate", petitioner argues that the "residue" includes not only the principal of the residuary estate at death but the income earned on the residuary estate during the period of administration. Based upon this assertion, petitioner contends that the will is ambiguous as to whether administration expenses should be charged to principal or income. As a consequence, petitioner asserts that the personal representative's fee is an "ordinary expense" chargeable to income under Wis. Stat. Ann. sec. 701.20(5)(b). Unquestionably, in the absence of a contrary direction in the will, the income earned on the residuary estate during the period of administration inures to the residuary legatee. See Old Colony Trust Co. v. Forsyth Dental Infirmary, 171 N.E. 734, 736 (Mass. 1930) (language regarding estate at time of death "did not prevent the whole estate not otherwise disposed of, including earnings which came in before the residue was paid to the trustee, from passing under the residuary clause"); 96 C.J.S., Wills, sec. 799, at 227 (1957) ("the residuary clause will carry the income earned by the residue itself"); 80 Am. Jur. 2d, Wills, sec. 1543, at 603 (1975) ("residuary gifts have been held effective * * * to carry * * * the earnings of the residuaryPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011