Hughes v. Ferguson

DRAPEAU, J. pro tem.* Joseph C. Poisl made his last will December 10, 1950. He left a home in San Diego and its furnishings to a long-time friend, Emma Blackburn. He left the rest of his estate to nieces and nephews.

Mr. Poisl and Emma Blackburn were married in July of 1951.

Mr. Poisl died in June of 1952.

But he did not make a new will after his marriage.

The estate was appraised at $105,000; the property willed to the wife was appraised at $11,800.

Mrs. Poisl filed a petition to revoke the will, under section 70 of the Probate Code.

The probate court decided in favor of the will; the District Court of Appeal affirmed the decision; but the Supreme Court of California reversed it. (Estate of Poisl, 44 Cal.2d 147 [280 P.2d 789].)

Thomas W. Hughes, Esq. appeared as attorney for the executor in all the courts named, and opposed the petition to revoke the will.

After the final decision in the Supreme Court, Mr. Hughes filed his petition in the probate court for extraordinary fees to compensate for these services. He alleged that they were reasonably worth $10,500. Proof in the probate court sustains this allegation. Indeed, there was no proof to the contrary. This court is bound to say that in its opinion, considering the time spent and the services rendered, the bill was fair and reasonable. And this court is also bound to say that from the beginning to the end Mr. Hughes conducted himself in the utmost good faith, and presented the case to the courts in a lawyer-like manner.

But the probate court allowed Mr. Hughes only $1,000, upon the ground that it was the executor’s duty to bring the [663]contesting parties into court, but that it was not his duty to go further in opposition to the widow’s petition.

In a memorandum of opinion in the record, the probate judge states his conclusions as follows:

“The law is well settled that it is the duty of the executor to defend a will after it has been admitted to probate and no question is raised herein on that point.