Baldwin v. Templeton

California Court of Appeal Feb 9, 1949 No. Civ. No. 16738Published

Before: Wilson

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Holding. The court held that a life tenant who voluntarily included property rentals in an estate's residue in a prior account waived her right to those specific funds, but she remained entitled to rentals collected after that period. The court further held that the trial court did not abuse its discretion in denying additional extraordinary attorneys' fees.

Issues

Whether a life tenant is estopped from claiming rental income she previously included in the estate's residue.
Whether a prior court order settling an account and awarding attorney fees precludes subsequent claims for fees for services rendered before that order.
Whether the trial court abused its discretion in denying extraordinary attorneys' fees.

Disposition. Modified and affirmed.

Quotations verified verbatim against the opinion

“Appellant’s waiver of her right to receive the rents collected prior to May 20,1946, the date of filing her first account, cannot be construed as a waiver of her right to the amounts collected thereafter.”

“Since the allowance or disallowance of extraordinary attorneys’ fees is largely within the discretion of the court an order with reference thereto will not be disturbed on appeal unless there has been an abuse of discretion”

WILSON, J. Gabrielle Volker Baldwin, to whom decedent bequeathed a life estate in certain real property, has appealed from the judgment which denies to her the rentals derived from the property. The attorneys for the executrix of decedent’s will have appealed from the judgment denying extraordinary attorneys’ fees.

The portion of the will necessary to a determination of the Baldwin appeal reads as follows:

“ (b) To my daughter Gabrielle Volker Baldwin, a life estate in the real and personal property (describing it) with remainder over to Lawrence E. Templeton and Hazel Herder, also known as Hazel Herdter, or to the survivor of them. If my daughter Gabrielle should predecease me, then this property shall go to my children, Lawrence and Hazel, or to the survivor of them.

“(c) To my children, Gabrielle Volker Baldwin, Lawrence E. Templeton, and Hazel Herder, also known as Hazel Herdter, share and share alike, all of the rest, residue and remainder of my estate of every kind or nature, and wheresoever situate, including any property over which I may have any power of appointment. ’ ’

Mrs. Baldwin was appointed executrix of the will. On May 20, 1946, she filed her first and final account and petition for distribution and for allowance of attorneys’ fees, in which she listed the rental collected from the real property in which she had been bequeathed a life estate and the expenses incurred with reference to the property, and requested the balance to be distributed as a part of the residue and remainder of the estate. Mr. Templeton and Mrs. Herder, son and daughter of decedent and remaindermen under the will, filed objections to the account, which are not material on this appeal. On November 18, 1946, appellant petitioned for a partial distribution of the estate. After a hearing on the final account and the objections thereto the court rendered judgment on December 10,1946, approving and settling the account subject to certain corrections and additions, not involved in the appeal, and allowed extraordinary attorneys’ fees in the sum of $150 instead of the sum of $500 requested in the final account.

On April 16, 1947, appellant filed another “final account” covering the period subsequent to the date of the previous account and a petition for distribution. On the same date the attorneys for the executrix filed a petition for an allowance of $500 as fees for extraordinary services. On May 16, 1947, [49]

Baldwin v. Templeton

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