Callaghan v. Estate of Grenet

Citations

• 66 Tex. 236
• 18 S.W. 507
• 1886 Tex. LEXIS 490

Syllabus

<p>1. Administration—Attorney’s fees—The executor of an estate may employ an attorney to assist in the settlement of the same, paying him a reasonable compensation for services rendered. The claim of an attorney for such services must be paid as part of the expenses of administration, and as such is entitled to preference over debts contracted by the deceased.</p> <p>2 Same—Independent executor—Suits upon claims against an estate having an executor, independent of the probate court, may be instituted against him; and judgments rendered therein may be collected from the assets of the estate. In case the assets arc insufficient to pay all debts, equity will direct that a judgment upon claim for services of an attorney shall be given preference over or- ■ dinary claims against the decedent.</p> <p>3 Same—Administrator—Claims—An independent executor contracted with an dttorney to assist in winding up the estate. Before the fee agreed upon was paid, the executor died, leaving the estate to be managed by his administrator, by appointment of court. Held, If the contract was reasonable, and the services contracted for were fully performed, the compensation agreed upon became a debt against the estate; and any part thereof remaining unpaid at the executor’s death was entitled to the same preference in payment as it had before his death.</p> <p>4. Probate court—Judgment—Appeal—An appeal from a judgment of the probate court vacates that entire judgment, and the case stands in the district court for trial de novo. Such a judgment cannot be accepted in part and contested as to the remainder ; it is indivisible.</p> <p>5. Administrator—Allowance of claims—The allowance of claims by an administrator must depend upon his own opinion as to their justice, formed upon such facts as he can call to his aid. He has no authority to delegate his duty in that respect to others for arbitration.</p> <p>6. Practice—Change of administration—Where there is a valid and subsisting claim against an