In Butler University v Danner, 114 Ind. App. 236, a codicil to the will provided that another executor would be appointed unless the original executor agreed to serve for a total fee of $ 1,000. The original executor qualified and renounced the compensation provided in the codicil pursuant to Indiana law. On his accounting, he claimed statutory commissions. The trial court held that the executor was entitled to commissions as provided by statute. On appeal, the appeals court reversed. It held that the appointment of the original executor was a conditional one, conditioned on acceptance of the compensation provided in the will. Such a provision was held valid. "That a testator should be at liberty to make such a conditional appointment is so apparent as to require no elaboration or citation of examples. In fact, a provision for alternative executors is in the nature of a conditional appointment insofar as the alternate is concerned." (id. at 114 Ind. App. 236). In Butler University v Danner, supra, involving a similar provision in a will limiting compensation and providing for an alternative executor if the original failed to agree to the limitation, the court of appeals found that a nominated executor had a duty to inform the probate court that he was unwilling to serve under the conditions required by the will so that the court could appoint the alternate executor. The court found that the conduct of the nominated executor in remaining silent while the probate court inquired about the will's requirement and agreeing to serve breached this duty.