Clapp, Jayne and Francis. The opinion of the court was delivered by Jayne, J.A.D.
It is expeditious and adequately serviceable for us to announce our determination of the debated subjects of this appeal in a summary style.
The executors presented to the Chancery Division for approval their second intermediate account embracing the period from December 1, 1951 to December 1, 1954, requesting also that the payment of income commissions as therein recorded be judicially confirmed, and that their commissions on corpus and the fees of their counsel be established and the disbursement thereof authorized.
The application of the executors encountered some exceptions to the account as presented and met with some protests asserted by certain parties in interest concerning the requested allowances for commissions and counsel fees.
Anent the Quantum of Corpus Upon Which Commissions Were Calculated and Allowed
In his determination of this controversial subject the trial judge with an awareness of the decision reported in 11 N.J. 257 (1953) stated:
"The amount requested by the executors represents 4 1/2% of a corpus of $26,838,024.82. In this corpus figure is an amount of $7,256,713.95, being the book value of the shares of stock of the American Aniline Corporation as of June 30, 1953. The American Aniline stock, by virtue of the provisions of the will as interpreted by the Supreme Court, was taken over by George L. Armour for $4,408,664.82. It is this figure rather than the book value which should be considered in determining the amount of the corpus of the estate. If that be done, as I think it should, the corpus upon which commissions may be calculated would be $23,989,975.69."
Consequently in that particular a conformable allowance of commissions on a reduced corpus of $23,989,975.69 is contained in the judgment. We perceive no meritorious reason to disturb that determination. Whether in consequence of that adjudication the executors should have been
directed to restate that feature of the account was, we think, a matter reposing within the discretion of the trial judge. No prejudice appears to be visited upon the appellants. One cannot seriously complain of something that means nothing.