Drain v. Wilson

Citations

• 117 Wash. 34
• 200 P. 581
• 1921 Wash. LEXIS 1003

Syllabus

<p>Trusts (44-1)— Compensation—Charges—Counsel Pees. Counsel fees incurred in necessary litigation will be imposed by equity upon a trust fund for the benefit of which litigation is successfully maintained, in all cases of good faith on the part of the attorneys rendering the service and of the parties employing them.</p> <p>Executors and Administrators (72, 76) — Claims—Accruing During Administration. The statute of non-claim barring all claims not presented within six months after publication of notice to creditors of a decedent’s estate has no application to a claim for legal services rendered the estate during the course of administration, whereby additional assets are discovered and added to the estate.</p> <p>Action (29) — -Executors and Administrators (145) — Defenses —Premature Commencement. An 'action by heirs seeking to charge an estate with the expense of attorney’s services in uncovering and increasing the assets of the estate is not prematurely brought, though antedating distribution under the testator’s will.</p>