Briggs v. Breen

Citations

• 123 Cal. 657
• 56 P. 633
• 1899 Cal. LEXIS 1134

Syllabus

<p>Estates of Deceased Persons—Personal Liability of Executors— Services of Attorneys—Reasonable Value.—In the absence of an agreement to limit the liability of executors for the services of attorneys employed by them to such sum as may be allowed from the estate by the court sitting in probate, they are personally liable for the reasonable value of such services, and an action may be maintained against them to recover such reasonable value.</p> <p>Id.—Settlement of Accounts—Attorney not “ Interested in Estate.” An attorney for an executor or administrator is not “interested in the estate” within the meaning of sections 1635 and 1637 of the Code of Civil Procedure and is neither required to contest the accounts of the executor or administrator, nor concluded by the settlement of his accounts.</p> <p>Id.—Allowance for Attorney’s Fees.—The estate is not liable to an attorney, and the allowance for attorney’s fees is made to the executor or administrator, and not to the attorney.</p> <p>■ Id.—Contest of Accounts by Attorney—Estoppel—Credit of Amount Received.—The actual appearance of an attorney in the court sitting in probate, and his filing of exceptions to the account of attorney’s fees contained in an executor’s account, is immaterial, except as evidence bearing upon the question whether he expected to look to the estate or to the executor for his fees. The settlement of the account does not conclude him from claiming a larger sum from the executors personally; but the amount received from the executors must be credited in a personal action against them.</p> <p>Id.—Joinder of Executor with Administrator of Deceased Executor —Construction of Code.—Under section 379 of the Code of Civil Procedure allowing any person to be made a defendant “who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein,” an executor may be joined with the administrator of