ERVIN, Justice.
In the absence of an effective testamentary provision on the subject, the right of the personal representative of a decedent to compensation is controlled by the statute now codified as G.S. § 28-170.
Under this statute, the clerk of the superior court having jurisdiction in the particular case has the discretionary power of allowing an executor or administrator commissions not exceeding five per cent upon the amount of his "receipts ...
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