Estate of Walden

[777]

THE COURT.

Upon the death of Matilda Walden, intestate, a controversy over kinship and heirship to her and the consequent right of succession to her estate arose. There were three sets of claimants who for convenience may be designated the Monro claimants, the Latimer claimants, and the American claimants. The contest was decided in favor of the Monro claimants to the exclusion of the Latimer and the American claimants. From the decree determining heir-ship against them the Latimer claimants appealed and were unsuccessful on their appeal.

(Estate of Walden,

166 Cal. 446, [137 Pac. 35].) The result of necessity was that the decree determining heirship in favor of the Monro claimants became and is final and conclusive. Thereafter, and in the matter of the estate of Matilda Walden, Elon G. Galusha filed a petition and claim which he entitled “Claim against the costs of administration of the Estate of Matilda Walden, deceased. ’ ’ His petition and claim asserted that he is the attorney at law for the Latimers, and presents to the administrator of the estate “his claim against the costs of administration of said estate; and states that the testimony of the witnesses produced by the defendants Latimer have materially contributed to the finding by the court that Martha Monro and her sister’s children are entitled to the estate of the decedent.” The petition and claim proceeded further to expound that the Latimers expended about two thousand dollars in securing the attendance of witnesses upon the trial of the contest to determine heirship and that the testimony of these witnesses was valuable to the Monros’ case; still further, that his own services to the Monros ’ case were worth about six thousand dollars. He then demanded payment to him of this sum.

The court refused to entertain the petition, refused allowance to the claim, and this appeal followed. The bare statement of the facts above given demonstrates the correctness of the court’s determination, and before this court the case presents rather one for the imposition of costs for the taking of a frivolous appeal than for the allowance of the costs contended for.

This claim is presented in his own name and on his own behalf by the attorney for litigants claiming heirship, whose heirship by final decree has been conclusively denied. This attorney is not a party interested in the estate