Smith v. Amsden
Smith v. Amsden
Opinion of the Court
Ernest C. Smith, an attorney of Lansing, Michigan, filed a claim in the probate court for the sum of $5,000 for attorney fees in the matter of James H. Ruel, deceased. It was allowed by the judge of probate and the executor of the estate appealed to the circuit court, where a verdict was rendered for claimant in the sum of $5,000, and judgment for that amount duly entered. The executor appeals. One thousand dollars on account of the fee was paid by the executor prior to the dispute arising over the correct amount of fees to which claimant is entitled. The judge directed and all parties agreed that $1,000 should he credited as a payment on any judgment rendered.
The main question in the case is whether $5,000 is fair and reasonable compensation for claimant’s services in representing the estate in a will contest. We shall discuss the question raised in connection with the main question.
Testator died on September 3, 1939, leaving a last will bearing date February 22,1935. George W. Amsden was named as executor. There were
It required a large amount of time to prepare for the trial of the case. In his bill of particulars, claimant states that he spent 63 hours in court proceedings, 65 hours in interviewing 36 witnesses and studying the legal questions involved in prep
The value of the estate was about $50,000. More. than' that amount in gifts had been made to Mr. Amsden, the executor, by testator in his lifetime. If the will was not admitted to probate because of the grounds named by contestant, the right and title of the executor to such gifts would be jeopardized. It became exceedingly important, therefore, that the will be upheld either as a result of the litigation or by settlement. The will contest was finally settled by contestant accepting the sum of $5,000, the amount of the legacy provided in the prior will. Testator left only one heir, an adopted daughter, who made no contest. Had contestant won out and the first will been admitted to probate,
No fault whatsoever is found with claimant’s services. The question of the correctness of the amount of claimant’s charges was left to the jury. The size of the estate was shown, the questions involved in the litigation over the allowance of the will were presented, and testimony was given both as to the precise services rendered by claimant and the results obtained through his services. The jury were instructed that they might take into consideration the professional standing of claimant in the community, his experience, his age and his recognized ability as a member of the bar. They were told that they might consider the customary charges made by other members of the bar of like ability and like standing for performance of services of like character. In this connection claimant produced two witnesses, both leading members of the bar of Ingham county. One stated that the services were worth $5,000, while another one stated that a fee of $7,500 to $10,000 would be very reasonable. The appellant contends that the judge should have charged the jury that claimant was employed for the purpose of collaborating with the general attorneys for the estate. This statement, while true in a degree, would not have been entirely accurate as claimant was employed as attorney of record and in fact was in charge of the defense of the .will contest. He prepared for it and conducted
The executor further contends that the judge erred in not charging the jury that they were to follow Canon 12 of the Canons of Professional Ethics of the American Bar Association governing the various factors that enter into what constitutes reasonable charges of an attorney for services rendered. "We used this canon as a yardstick in determining the charges in Reichert v. Metropolitan Trust Co., 266 Mich. 322, and Becht v. Miller, 279 Mich. 629. However, the judge in his charge did bring out the main elements contained in the canon and left out some which, at most, might have benefited claimant. On the whole, we believe the charge was fair and adequate. There was no testimony offered by appellant to offset that given by the two members of the Ingham county bar on behalf of claimant. We repeat what we have so often said in other cases that, although some of us, had we been members of the jury, might have brought in a verdict for a lesser amount, and even though the charges may seem high, the questions were fairly presented to the jury and the amount as found by them as due claimant was upheld by both the probate judge and the trial judge. We do not find the verdict so excessive as to call for .reversal or a remittitur of part of it in lieu of a reversal.
Judgment for claimant is affirmed, with costs of both circuit court and this Court to claimant.
Reference
- Full Case Name
- In re RUEL'S ESTATE. SMITH v. AMSDEN
- Status
- Published