McKee v. Hunt
Before: Angellotti
Synopsis
Guardian and Ward—Services of Attorney—Claim to be Allowed by Court—Ward not Liable—Action against Estate.—The claim of an attorney for a guardian who has rendered services at the guardian’s request in the execution of the trust for the ward cannot be enforced by an action against the ward or his estate.' The ward is not personally liable therefor, and no.action can be maintained by the attorney upon a rejected claim against the estate of the deceased ward.
Id.—Effect of Order for Substitution of Attorney for Guardian.— An order of the court having jurisdiction of the guardianship for the substitution of an attorney for the guardian, in place of a former attorney, simply makes such attorney the attorney of record, and does not attempt to authorize a contract directly affecting the property of the ward or to require the performance of any legal services.
[527]
ANGELLOTTI, J.
This is an appeal from a judgment rendered in favor of defendant, upon the sustaining of her demurrer to plaintiff’s amended complaint, and his failure to further amend.
As stated by counsel for appellant, the real question on this appeal is as to whether or not the amended complaint states facts sufficient to constitute a cause of action.
The action was brought against Louisa Hunt, purely in her capacity as administratrix of the estate of Joseph L. Sober, deceased, to obtain judgment against his estate for one thousand dollars, alleged to be due plaintiff as the reasonable value of legal services rendered by him during the minority of deceased, under employment by the guardian of his person and estate to act as attorney for such guardian in the execution of her trust.
The employment of plaintiff by such guardian, the rendition of services in pursuance thereof, the reasonable value of such services, the due presentation of a claim therefor to the administratrix, and the fact of non-payment were all alleged in the amended complaint.
It is the settled law of this state that an action will not lie against a minor or his estate for the value of services rendered to the guardian of such minor to assist him in the execution of his trust.
The position of a guardian in this respect is the same as that of the administrator of the estate of a deceased person. Both the administrator and the "guardian are primarily liable to those whom they employ to aid them in the care, management, and protection of the estate, and the question as to the reimbursement of the administrator or guardian from the estate, for such necessary expenses as he may incur, is one solely between the administrator or guardian and the estate which he represents, and one which the court having jurisdiction of the estate has the sole power to determine. The person rendering services to the administrator or guardian cannot maintain an action for the value thereof against the estate or against the ward.
This has been directly held at least twice by this court in actions brought against the ward for the value of legal services rendered to the guardian
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