Allen v. Silverton

YORK, J.

The respondents Silverton are attorneys at law, and were retained by the Security-First National Bank of Los Angeles, the duly qualified and acting executor of the last will and testament of Margaret A. Keith, deceased, to assist it in the administration of decedent’s estate. The death of Margaret A. Keith occurred on April 28, 1933, and two years thereafter, to wit, April 24, 1935, said respondents filed their petition for an allowance of $9,736 as and for extraordinary services rendered in the administration of said estate during the period commencing April 29, 1933, to and including April 23, 1935. To this petition, appellant Allen, as residuary legatee, filed his objections, and the matter was heard by Florence M. Bischoff, court commissioner, sitting as judge

pro tempore.

After hearing the evidence, the court made an order allowing $5,000 for such extraordinary services, and sustaining objections to any and all amounts in excess of said $5,000. Appeal No. 10801 is taken from three items included in said order, to wit: Item No. 3,

Hooper

v.

Security-First National Bank,

involving a creditor’s claim against the estate for $3,292, which was ultimately settled

[69]

for $50. The court found this to be an extraordinary service and that the reasonable value thereof was $875. Item No. 5, Venice Oil Lease, involving an oil lease and resulting in the collection of approximately $4,500 for the benefit of the estate. The court found this to be an extraordinary service and that the reasonable value thereof was $1700. Item No. 7,

Keith

v.

Hollywood,

involved a report of an attempted collection of a judgment in favor of decedent for $18,419.40. This the court found to be an extraordinary service and the reasonable value thereof to be $300.

On July 30, 1935, respondents Silverton filed a second petition for allowance of attorneys’ fees in the amount of $3,000 for extraordinary services rendered in connection with the administration of said estate from April 24, 1935, to and including July 30, 1935. To this petition appellant Allen and respondent Pepin filed objections, and the matter was set down for hearing before Judge Thomas P. White, who, after hearing the evidence, made his order allowing $2,250 for extraordinary services and overruling and disallowing the objections of appellant Allen and respondent Pepin, except as to $750 of the $3,000 prayed for in the petition. Appeal No. 10974 is from this order and also from an order denying motion of appellant to set aside submission in said proceeding and to permit the introduction of further evidence in reference thereto.