In Re Estate of Riviere

ALLEN, P. J.

Appeal from an order allowing respondent an attorney’s fee for certain services rendered the executor before and after appointment.

One Louis Riviere died in 1905, leaving an estate exceeding $50,000 in value, before which time he had executed a paper writing purporting to be his last will and testament, in which one Bachmann was named as executor. This will was offered for probate by the executor, who employed respondent, an attorney, for that purpose. A contest was filed by parties interested in the estate, and upon a hearing the will was admitted to probate and letters testamentary issued to Bachmann. Thereupon respondent, upon an affidavit and showing as to services rendered in the proceedings connected with the probate of the will, and their value, moved the court in which such proceedings were pending for an order under section 1616, Code of Civil Procedure, as amended, and section 1619, Code of Civil Procedure, for an allowance to himself of a just and reasonable compensation for extraordinary services rendered as attorney to said executor in the defense of the contests so instituted. This application, on June 5, 1906, the court denied giving respondent, however, the privi

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lege of renewing the same. Thereafter, the contestants served upon respondent, as counsel for the executor, a notice of intention to move for a new trial, and likewise served a statement of the case, to which statement respondent, as such counsel, submitted amendments which were in part adopted by the court, and the statement, with its amendments, was settled. Upon hearing of the motion for a new trial the same was denied, and contestants took an appeal from the judgment and order. Respondent, after such appeal was perfected, made preparation for argument and hearing in the supreme court, but before final submission the contestants dismissed the appeal. After the judgment so admitting the will to probate had become final respondent renewed his motion for an allowance for services set forth in the original motion, as well as for services thereafter rendered the executor upon the appeal; and the court, upon the hearing thereof, made its order allowing him for services before the admission of the will to probate the sum of $1,000, and for services upon the appeal $500, and ordered the executor to pay such sums to respondent. From this last order the contestants to the probate of the will and those otherwise interested in the estate take the appeal now under consideration.