case scattergood versus Harrison at the chancellor house Lord chancellor the  attorneygeneral for the plaintiff Mr scattergood who live at maderas at  diverse time consign several good and effect to his brotherinlaw Mr  Trenchfield in London afterward on his come over into England he sicken and  die at Portsmouth have first make his will and Mr Trenchfield and Mr Fenwick  executor Trenchfield only prove the will and possess the effect he die and  leave Mr Raworth his executor who make his will and appoint the defendant  Harrison his executor against who as the representative of Mr Trenchfield the  plaintiff bring this bill for a account of the asset of Mr scattergood and a  account be decree the master have report special that the defendant claim a  allowance of commission money but we insist that he be not entitle to any  allowance Mr Trenchfield be near relate to the testator there be no particular  contract with he as factor and in his account he have charge nothing for  factorage but may be suppose to have do it out of kindness to the testator and  for sake of those large sum which he pay no interest at least he be not  entitle to death be executor and have pound legacy giver to act and your  lordship adjudge so the six day of last December mosely report in the case of  Sutton versus nightingale for then he do not transact as factor but as  executor who be entitle to nothing for his care and trouble but must be allow  all his necessary expense and in that case Mr nightingale have no legacy give  he Lord chancellor Mr Trenchfield prima fancy be certain entitle to factorage  but if you can show any thing whereby it necessary appear he be not to have  any that will destroy the other presumption you say he have not charge it in  his account but as they be not close he may have charge it at the foot of they  unless you have show that in his account with other he charge factorage  immediate and not at the end of the account Mr Lutwyche for the defendant they  say we ought not to have any commission because Mr Trenchfield be a near  relation to Mr scattergood be make executor and have a legacy leave he but the  legacy be not say to be give he for his trouble as executor which be very  observable for that will have exclude he from a residue of the personal estate  but he will be entitle to this legacy though he have refuse to act as executor  and though a executor be not to be allow for his ordinary care and have in his  hand for nce since the testator he may have refuse mosely report er p pain yet  he be not oblige to go into the trade and to act and negotiate for the  testator in this extraordinary manner but they say we be to be allow our  expense we conceive it proper to settle they by this general allowance of  commissionmoney because it be hard for we to produce a voucher for every  particular sum we expend and we allow interest for the several sum of money in  our hand Mr will what he do as factor he ought to be allow for since he be  executor as well as before for by take upon he that office he be not oblige to  act as factor and if he have employ another he will have be allow factorage in  his account suppose a attorney be make executor if he have occasion to carry  on lawsuit on the account of his testator must he give up his fee Lord  chancellor I can now go out of the report which say he act only as executor  and his receipt and payment in the report be set out as executor suppose the  case to be as nothing mosely report appear to I to the contrary that Mr  scattergood bring these effect home with he and the executor dispose of they  sure he shall be allow only his charge and expense but if any thing appear to  be consign to Mr Trenchfield by the testator in his lifetime though it come to  his hand after his death since he act before as factor he shall be allow  commission for it therefore I decree factorage and commission to the defendant  for all the money and good which come to Mr Trenchfields hand in the lifetime  of the testator but he be to have no commission for what he do as executor  vern Nels Fol Rep in canc