Estate of Pryor

California Court of Appeal May 5, 1942 No. Civ. No. 3032Published

Before: Barnard

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Holding. The court held that an executrix is not entitled to have attorney's fees for defending a will contest paid from the estate when the defense was not necessary for the estate's benefit and would not be equitable to all interested parties.

Issues

Whether an executrix may recover attorney's fees from the estate for defending a will contest before probate.
Whether the payment of attorney's fees from the estate is equitable when the executrix is a primary beneficiary and other heirs oppose the will.

Disposition. reversed

Quotations verified verbatim against the opinion

“the services for which compensation was sought were not such as should be paid for from the funds of the estate.”

“it was practically a contest between individuals and was not such a contest as under the statutes the executrix was entitled to defend at the cost of the estate.”

51 Cal.App.2d 735 (1942) Estate of WALTER B. PRYOR, Deceased. EVERETT W. PRYOR et al., Appellants,

OSBORN, BURUM & SHORTRIDGE (a Law Partnership), Respondents.

Civ. No. 3032. California Court of Appeals. Fourth Dist.

May 5, 1942. Waldo R. Bergman for Appellants.

R. Y. Burum and John Shortridge for Respondents.

BARNARD, P. J.

This is an appeal from an order allowing, as payable from the estate, certain fees for extraordinary legal services in resisting a contest before probate of the will of the deceased.

Under the terms of his will the deceased devised certain real property to his housekeeper, Ann Stevenson, and named her as executrix. The will also devised certain other real property to Raymond Pryor, a grandson of the testator, and left all of the residue of the estate, share and share alike, to Everett W. Pryor, a son of the deceased, and Alta U. Pryor, Everett's wife. The property devised to Ann Stevenson was appraised at $1,900, that to the grandson at $400, and that given to the son and his wife at $3,027.14. [736]

When the will was presented for probate Everett W. Pryor filed a contest to which Ann Stevenson filed an answer. After a hearing, the will was admitted to probate and Ann Stevenson was appointed executrix and qualified as such. Subsequently, the attorneys who had represented Ann Stevenson in the contest proceeding filed a petition for the allowance of fees for extraordinary services in defending that contest. Everett W. Pryor, Alta U. Pryor and Raymond Pryor filed answers opposing the granting of the petition in which they alleged, among other things, that Everett W. Pryor had filed and prosecuted the contest to the will with the approval of Alta U. Pryor and Raymond Pryor and while also acting as their agent; that Alta U. Pryor and Raymond Pryor had never authorized Ann Stevenson to defend the contest in their behalf; and that Ann Stevenson had at all times acted for herself and in her own interest in her efforts to sustain the will. The court found that the efforts of the executrix to sustain the will by and through these attorneys had "benefited all the heirs and devisees of said estate, other than Contestant, Everett W. Pryor" and entered an order allowing these attorneys $400 payable out of the estate for extraordinary services rendered in this will contest. This appeal followed and the question presented is whether under such circumstances an order for the payment of such fees out of the assets of the estate may be sustained.

Estate of Pryor

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BARNARD, P. J.

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