Taylor v. Sanson

JAMES, J.

This action was brought by plaintiff as executrix of the estate of, Thomas Edwin Wright, deceased, to recover the sum of six hundred dollars alleged to have been collected by the defendants as money belonging to the estate of plaintiff’s testator and for the use and benefit of said estate. By the answer of the defendants it was set up that they as attorneys at law had, under an express employment therefor, performed legal services for and on behalf of decedent, which included the collection of money on a judgment, amounting to $901.75; that out of this money they were entitled to retain the reasonable value of their services, after deducting which, it was alleged they forwarded a check for the difference to the executrix who accepted the same in full satisfaction of all claims of the estate against the defendants. The appeal is taken from a judgment entered in favor of defendants and is presented on the judgment-roll alone.

The findings of fact set forth the details of the employment by decedent of the defendants in their capacity as attorneys •at law and the collection of the money on the judgment in the amount of $901,75, and determined that defendants held a lien upon the amount so collected for the reasonable value of their services which reasonable value is found by the court to be the sum of $595. It further appears from the findings that the defendants retained $800 of the $901.75 claiming that the services rendered were worth that amount and that they did forward a check for the difference, which amounted to $114.75, to the executrix with a statement in writing reciting in effect that the check was delivered in settlement of the claim and account of the estate against the defendants. It further appears by the findings that the executrix received the check and cashed the same and appropriated the pro

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cecds thereof, but before cashing the cheek or appropriating the proceeds she stated to the defendants that she would not accept the check in full settlement of all claims of said estate against the defendants. Further finding is made that the receiving of the check and the cashing of the same and - appropriating the proceeds thereof by the executrix was at no time approved by the superior court. The court concludes that there was an accord and satisfaction and that the cashing of the check and the appropriating of the proceeds thereof by the executrix bound the estate in compromise of its claim against the defendants, which claim was determined by the court to be the sum of five hundred and ninety-five dollars only. After receiving and cashing the check mentioned, the executrix commenced this action to recover what she claimed was due and owing to the estate as a sum in addition to that received by her as represented by the check. The question is presented as to whether, under the facts narrated, an executrix or administrator of the estate of a deceased person has power to bind the estate by compromise of a claim such as that shown by the evidence in this case. If the executrix could have by express agreement discharged the defendants from the payment of all further amounts over the $114.75, then it may be said that her actions as shown respecting this claim would constructively amount to such an agreement.