Corsiglia v. Hammersmith
Corsiglia v. Hammersmith
Opinion of the Court
OPINION
By the Court,
The appeal is from a judgment apportioning fees among the executor’s attorneys on the basis of services performed during probate. John Granata died in November 1962. His wife, Filomena, died the following month. Their joint and mutual wills, executed in 1958, named the First National Bank as executor, and suggested the employment of John Gabrielli of Reno, Nevada, and Adon Panattoni and Teresa Corsiglia, partners, of Sacramento, California, as the executor’s attorneys. Gabrielli was elected district court judge, and assumed his judicial duties on the first Monday of January 1963, thus precluding his participation as one of the attorneys for the executor. He suggested that his friend, William Hammersmith, be substituted in his place, and this was done. Soon thereafter, the attorneys reached an agreement about fees. Hammersmith, on the one hand, and the firm of Panattoni and Corsiglia, on the other, were to share equally all fees, including extraordinary fees, regardless of the division of work. The estate proceeding was then commenced.
In October 1964 Hammersmith filed a “Petition for Apportionment of Fees,” in which he flatly repudiated
This case and Mau v. Woodburn, supra, are poles apart. In Mau the attorneys had not agreed between themselves as to a division of fees. Therefore the court made a division based upon services rendered by respective counsel. Here, we have the solemn agreement of counsel providing for an equal division of fees regardless of who performed the work. It is, of course, true that the Mau opinion quotes with approval the following language from a California case: “Concurrent or successive representatives or attorneys may agree between themselves upon apportionment of the fee but the court should approve the agreement. If the court does not believe the agreement compensates the parties equitably for their relative services, or disapproves for some other reason, the court’s apportionment will prevail over the agreement. The court’s apportionment will not be disturbed on appeal in the absence of a showing of abuse of discretion.” The ruling of the lower court and the respondent’s position here rest solely upon that quotation. We do not find that language troublesome, nor do we think that it authorizes a court to ignore a
The judgment below is reversed, and the lower court is directed to apportion equally the attorneys fees which it authorized, ordinary and extraordinary, in accordance with the agreement of counsel.
Reference
- Full Case Name
- TERESA CORSIGLIA, ESQ., and ADON V. PANATTONI, ESQ. v. WILLIAM L. HAMMERSMITH, ESQ.
- Status
- Published