This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other Interests in Land .
In England, a trustee is denied compensation for his time and services except in certain special eases, but a different rule prevails in most of the states of this country, quite frequently by statutory provision, and he is allowed compensation, the amount of which is determined in different ways in different jurisdictions, it being sometimes a fixed percentage on the amount of the trust property or the proceeds thereof, and sometimes it is adjusted on equitable principles with reference to the amount of labor and time consumed, or the profits resulting from the trustee's services.83
Apart from the compensation allowed him, as just stated, for his time and services, a trustee is not allowed to make any profit from the trust, and accordingly, if he uses the trust property to further any purpose of his own, he is not only liable for any resulting losses, but must also account to the cestui que trust for any profits which may accrue from such use of the prop81. 1 Perry, Trusts, Sec.Sec. 441, 843, 845; Barney v. Saunders, 16 How. (U. S.) 533; Campbell v. Miller, 38 Ga. 304, 95 Am. Dec. 389; State v. Meagher, 44 Mo. 356, 100 Am. Dec. 298; Litchfield v. White, 7 N. Y. 438, 57 Am. Dec. 534; Jones' Appeal, 8 Watts & S. (Pa.) 143, 42 Am. Dec. 282; Hutchinson v. Lord, 1 Wis. 286, 60 Am. Dec. 381.
82. Townley v. Sherborne, 2 White & T. Lead. Cas. Eq.. 1738, and notes; 1 Perry, Trusts, Sec.Sec. 415-419; Beriningham v. Wilcox, 120
Cal. 467, 52 Pac. 822; Colburn v. Grant, 16 Dist. Col. App. 117; Stowe v. Bowen, 99 Mass. 194; Bruen v. Gillet, 115 N. Y. 10, 12 Am. St. Rep. 764; Jones' Appeal, 8 Watts & S. (Pa.) 143, 42 Am. Dec. 282; Fesmire's Estate, 134 Pa. St. 67, 19 Am. St. Rep. 676; Deade-rick v. Cantrell, 10 Yerg. (Tenn.) 263, 31 Am. Dec. 282.
83. 1 Perry, Trusts, c. 31; note to Gibson's Case, 17 Am. Dec. 257 (1 Bland, Ch. [Md.] 138).