Estate of Herbst

WHITE, J.

This is an appeal by Louise B. Mitchell, administratrix of the estate of Willis S. Mitchell, deceased, who during his life and at the time of his death was executor of the estate of Elizabeth J. Herbst; and also by William Ellis Lady, attorney for said executor, from that portion of an order in probate made by the Superior Court of Los Angeles County denying the allowance of any extraordinary fees to either the executor or his attorney.

The petition for extraordinary fees contained the following averments:

“That the said William S. Mitchell as such Executor and the said William Ellis Lady as his attorney have performed a large amount of extraordinary services in the settlement of said estate; that no amount has ever been fixed therefor and that the court should now fix the amount thereof and order same paid.

“That although the said William Ellis Lady appeared as counsel for the said Willis S. Mitchell in the various and sundry matters affecting said estate, the said William S. Mitchell also took an active part in all legal matters and was present in court the same number of days that the said William Ellis Lady appeared as counsel in the prosecution and defense of actions brought for and on behalf and against said estate.”

The sole ground upon which the probate court denied extraordinary fees was that the petition therefor did not state facts sufficient to justify such allowance.

[251]

Sections 902 and 910 of the Probate Code authorize the court to allow such amounts as the court may deem just and reasonable for extraordinary services rendered by an executor and his attorney.

While it may be conceded that a petition for such allowance need not state the facts in support thereof with all the preciseness and detail required in a complaint, and that the sufficiency of such a petition need not be tested by the rules applicable to pleadings, still it is the duty of a petitioner for such fees to state with sufficient particularity his claim for extraordinary compensation so that the court, as well as those interested in the estate and who are authorized to object thereto, may be informed fully of the nature of the extraordinary services allegedly rendered, as well as of the necessity and value of such services to the estate, and be thereby enabled to distinguish the items which are a proper charge from those which may be unjust and improper.