Henry Billings Brown

“ The reasons given by the auditor for the allowance of $500 counsel fee are full and satisfactory. The record shows that the receiver was frequently called into court, either to answer the call of other parties in the cause, or to ask instructions or authority from the court to meet emergencies arising in the business. It is evident that wise and capable advice was needed to protect him in the proper discharge of his duties, both as affecting himself and his responsibility, and as affecting the property intrusted to his charge. ”

“ While his powers and duties as receiver would not devolve upon his personal representatives, a judgment entered in his favor for his own compensation. and for an indebtedness for which he had assumed an individual liability, would pass to such representatives, and might be enforced by them. It is impossible that the court should be called upon to appoint a successor for that purpose. ”

“ As the original decree in favor of Mohun was passed March 10, 1893, and as the order making the executrix a party was made by the court of appeals January 4, 1894, it would appear that Mohun died after the case had been carried to the court of appeals, and before it was finally decided. It will scarcely be claimed that a judgment in his favor lapsed by his death, and that no one could be authorized to make it available or collect it. ”