hard and fast rule in Virginia

2007While approving the commission of five per cent as reasonable, the Court qualified the ruling by stating that “inasmuch as the statute fails to lay down a hard and fast rule, we are of the opinion that the court should not do so.” Id. at 241 .

1961As said by Justice Holt in Trotman v. Trotman, 148 Va. 860 at p. 868 , 139 S. E. 490 at p. 492 , the word “reasonable” as used in the statute “is but another way of saying that they [commissions] are to be measured by the conscience of the court.” Hence, for guidance, we must rely on general principles that a personal representative is entitled to a reasonable reward, to be measured by the value of the estate, the services rendered, the responsibility assumed, the results obtained, the intention of the testator (if it can be determined from the language used) and the further consideration of w

1961As said by Justice Holt in Trotman v. Trotman, 148 Va. 860 at p. 868 , 139 S. E. 490 at p. 492 , the word “reasonable” as used in the statute “is but another way of saying that they [commissions] are to be measured by the conscience of the court.” Hence, for guidance, we must rely on general principles that a personal representative is entitled to a reasonable reward, to be measured by the value of the estate, the services rendered, the responsibility assumed, the results obtained, the intention of the testator (if it can be determined from the language used) and the further consideration of w

1958In Kiser Suthard, 162 Va. 456 , 174 S.E. 682 , a witness testified on cross examination that photographs had been taken of marks on the road.

1958In Kiser Suthard, 162 Va. 456 , 174 S.E. 682 , a witness testified on cross examination that photographs had been taken of marks on the road.

1958This hard and fast rule is not followed in our jurisdiction for | 8-487, Code 1950, provides, among other things, that no judgment or decree shall be arrested or reversed "* * * for any error committed on the trial when it plainly appears from the record and the evidence given at the trial that the *813 parties have had a fair trial on the merits and substantial justice has been reached." Irvine Carr, 163 Va. 662, 667 , 177 S.E. 208 .

1958This hard and fast rule is not followed in our jurisdiction for | 8-487, Code 1950, provides, among other things, that no judgment or decree shall be arrested or reversed "* * * for any error committed on the trial when it plainly appears from the record and the evidence given at the trial that the *813 parties have had a fair trial on the merits and substantial justice has been reached." Irvine Carr, 163 Va. 662, 667 , 177 S.E. 208 .

1915In Keister v. Cubine, 101 Va. 768, 770 , 45 S. E. 285, 286 , Judge Harrison delivering the opinion, says: “We do not understand these eases to establish the hard and fast rule contended for, that in every case of a conveyance in consideration of maintenance and support, where the consideration fails, rescission follows.

1915In Keister v. Cubine, 101 Va. 768, 770 , 45 S. E. 285, 286 , Judge Harrison delivering the opinion, says: “We do not understand these eases to establish the hard and fast rule contended for, that in every case of a conveyance in consideration of maintenance and support, where the consideration fails, rescission follows.