Estate of Estate of Kelley

LAWLOR, J.

This is an appeal by A. W. Dewey, W. W. Sloss, and Luzetta Sanders, legatees and devisees under the will of Thomas Jasper Kelley, deceased, and by David Bee-son, executor and trustee under said will, from a decree allowing respondent, R. L. Bocock, $1,650 for services ren

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dered by him as guardian of the person and estate of the said Kelley, incompetent.

On January 28, 1918, the respondent was appointed and qualified as guardian of the person and estate of Kelley, who had previously been adjudged incompetent. On April 22d, by order of court, it was determined that respondent was entitled to reasonable compensation at the rate of $150 per month for his services as guardian, and it was ordered that $150 per month be paid to him out of the funds of the estate “until further notice.” Kelley died on August 29th, and on September 11th respondent was appointed and qualified as special administrator of his estate. Respondent filed his report of administration as guardian on September 13th, together with his first and final account, which contained

inter alia

this charge: “Aug. 28, Paid salary for services to R. L. Bocock, 6 mo. at $150.00, $900,00.” Regarding this item, the respondent testified: “In my account ... I have paid myself the allowance made, nine hundred dollars, being for the first six months of my services.” August 1, 1919, the court made a decree settling the account. It is from the following portions of this decree that the present appeal is taken: “4th. The court further finds that heretofore it made an order allowing the said guardian the sum of $150 per month for services rendered as such guardian, and that such amount should continue until the further order of court; that such services have continued to the date of this order and that he is entitled to such compensation as such guardian to this time, namely, from the date of the last order; being for the month of August, 1918, amounting to the sum of $1,650, to be credited on said final account. . . . 6th. The said account should be and is hereby settled and allowed: . . . that he pay to himself as such guardian the sum of $1,650 in full of services rendered.”

Appellants contend that the evidence does not justify an allowance of $1,650 to respondent for his services subsequent to Kelley’s death. This position is thus set forth in their brief: “The court should not have allowed the guardian for services in excess of one month and one day, being the period from the time to which he had been paid in full up to the date of the death of the ward. The allowance should have been $155 and no more. Therefore, Mr. Bocock, as- guardian,