Estate of Hardenberg

[308]

YORK, J.

Respondent Robinson, as administrator, filed his second and final account and petition for distribution in the above-entitled estate, and respondent Patch, as attorney for said administrator, filed his petition for attorney’s fees for extraordinary services. Appellant Garrahan, as an heir at law, and appellants Peck and Stewart, as grantees of said Garrahan as to a portion of her interest in the estate, filed their objections to both petitions. The court upon hearing said petitions made extensive findings of fact and conclusions of law, and entered its order from portions of which this appeal is taken. After all briefs upon appeal were filed and upon request of the substituted attorney for Zola Garrahan, the appeal was dismissed as to her only by the Supreme Court on August 13, 1936, and thereafter that court transferred the remaining appeal to this court for decision.

The appeal is now before this court upon a bill of exceptions containing appellants’ specifications of error to the effect that the evidence is insufficient to sustain certain of the findings of fact; that certain of the facts found are insufficient to support the conclusions of law, and that the order appealed from is contrary to law.

Appellants in their briefs make no attempt to point out wherein the evidence is insufficient to support the findings of fact, but summarize their points on appeal as follows:

“The attorney for administrator should have his regular statutory fees, which the Court has already determined to be $214.10 and extraordinary fees for the sale of real estate in a reasonable sum, perhaps not less than $50.00 nor more than $100.00, a total of $264.10 or $314.00 as the Court might determine proper, instead of the $400.00 regular fees and $500.00 extraordinary fees, a total of $900.00, which the order appealed from allows.

“The item of $1.15 taxes paid on Texas land, $7.00 paid for collection fees, $37.00 advanced to an heir and the $50.00 of the funeral bill which, the evidence is, remains unpaid, should all be disallowed. And with the decree so modified there would be cash in hand more than sufficient to pay all fees and commissions and the estate will be in condition for distribution and decree should be made for distribution of the same.”