Estate of Carpenter

ANGELLOTTI, J.

This is an appeal from an order settling an account of the executor of the will of C. W. Carpenter, deceased. The account covered the period between the time of the appointment of the executor on February 23, 1884, and January 1, 1901, and was not presented or settled as a final

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account. The only appellant is the assignees of one S. D. Woods, who, as appears from the findings, was, on the nineteenth day of September, 1892, by an order “duly made, given and entered in the above entitled matter and estate,” allowed the sum of three thousand dollars “as attorney’s fees for services rendered by him as attorney of the minor legatees and devisees named in the last will and testament of said C. W. Carpenter, deceased,” and payment of said amount was, by said order of September 19, 1892, directed to be made as necessary expenses of administration. No part of the same has ever been paid.

It is claimed that the appeal should be dismissed for the failure on the part of appellant to serve his notice of appeal on certain persons alleged to be adverse parties. One of such alleged adverse parties was a creditor whose claim had been duly allowed, but who did not, so far as the record shows, make any appearance in the matter of the settlement of this account. As he did not appear and make himself a party to this proceeding, it was not necessary to serve the notice of appeal upon him.

(Estate of McDougald,

143 Cal. 476.) The other alleged adverse parties were attorneys who had rendered legal services to the executor in the matter of said estate, and to whom the executor was directed by the order settling his account to pay certain sums as compensation therefor. These attorneys of the executor were not persons interested in the estate, and could not be parties to the proceeding of settlement of account. It was not necessary to serve the notice of appeal on them.

(Estate of Kruger,

143 Cal. 141.)

It is urged by respondent that the order of September 19, 1892, in favor of S. D. Woods, was made without jurisdiction and is void, and that his assignee has, therefore, no interest whatever in the estate, and cannot maintain this appeal. From the record before us, we cannot say that the order, so far as it fixes the fee to be received by the attorney theretofore appointed under the provisions of section 1718 of the Code of Civil Procedure to represent the minor legatees and devisees,, was beyond the jurisdiction of the superior court. Under the provisions of that section, which was repealed in 1903 (Stats, 1903, p. 243) the court was authorized to appoint an attorney to represent devisees and legatees who were minors, and had no general guardian, and to fix the fee of the person so ap