Leo v. Lichtenberg
Leo v. Lichtenberg
Opinion of the Court
Benjamin G. W. Lichtenberg, at the time of his death, was a resident of New York. He left a will, by the terms of which appellants were nominated executors and
The services rendered by the attorneys were such services as are usually incident to the probating of a foreign will, and such as would ordinarily be required in the administration of an estate of this character and value. In addition, the widow of a deceased brother of decedent made claim to an undivided half of the King county property, asserting that deceased held the title to this property in trust for her husband, and in support of this claim, she produced certain account books and correspondence between the two brothers. This claim was investigated by the attorneys for the administrator, who examined the books and correspondence, and the matter was deemed of sufficient importance to call for a consultation with the New York counsel for appellants, and such consultation was held at Seattle during a period of a week or ten days.
Appellants suggest that the attorneys for the administrator are not entitled to compensation for their services in this regard, it being no part of the administrator’s duty to settle or determine the estate as between rival claimants, and that, in case Mrs. Lichtenberg should seek to enforce any claim to establish her interest in the King county property, such proceedings would not be directed against the administrator, nor would he be required to defend as against such claim of interest. Doubtless most of this contention is correct, but it does not necessarily determine the question. It is, by statute, made the duty of the administrator to investigate
Ordinarily the only services for which an administrator or executor will be allowed are such as are beneficial to the estate. This, however, does not mean that, when the result of services undertaken in good faith is not of pecuniary or other benefit, but rather results in loss, such services should be disallowed. 11 Am. & Eng. Ency. Law (2d ed.), 1242; In re Statler’s Estate, ante p. 199, 108 Pac. 433. The law takes an interest in distributing an estate to the proper and legal heirs. Thus, if it should appear that persons not recognized in the will as such should claim to be children of a testator, and thus entitled, if asserting a true claim, to the same distributive share of the estate as if the will had not been made, would it not be the duty of an executor to make some investigation into such a claim, and would any court refuse a proper allowance for services of attorneys who might be called upon to aid him? We think not. And yet it might be as well said in such an instance as
The proper fee to be awarded attorneys in probate proceedings is a difficult matter to be determined. So many things enter into such a consideration that no rule or standard can be laid down which will alike fit all cases, or by which the value of such services can be measured. Hence, it is one of those matters that must rest largely in the sound discretion of the trial court, and which should not be interfered with upon appeal, except for a manifest abuse of such discretion. Such we believe to be the general rule. The sum awarded in this instance was a liberal allowance, but considering all the circumstances as detailed by the record, and the value of the estate, which we have held to be a proper matter of consideration in fixing attorney’s fees, we cannot say there has been such an abuse of discretion as to call for interference on our part.
The judgment is affirmed.
Reference
- Full Case Name
- In the Matter of the Estate of Benjamin G. W. Lichtenberg, S. Newton Leo v. Benjamin Lichtenberg, Administrator
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Executors and Administrators—Allowance eor Services—Investigating Claims. It being the duty of an administrator to investigate and report upon all claims of creditors of the estate, an administrator is entitled to an allowance for attorney’s fees required for the investigation of a third person’s claim to ownership of a half interest in the estate which was based upon mutual accounts and dealings between the deceased and his brother for whom it was alleged deceased held the property in trust; since investigation might prove the claimant to be a creditor, and since the law takes an interest in distributing the estate to the legal heirs. Same—Allowances—Attorney’s Pees — Amount — Discretion. Allowances to administrators for attorney’s fees are largely discretionary, and no abuse of discretion appears, considering the value of the estate and all the circumstances, where $1,500 was allowed for the probating of a will and investigating a third person’s claim to a half interest in an estate of the value of $62,860, the attorneys having examined books and correspondence, and consulted with New York counsel for claimant during a period of a week or ten days.