Estate of Blythe

Citations

• 1 Coffey 115

Syllabus

<p>Attorney for Absent Heirs—Power to Appoint.—Under section 1718, Code of Civil Procedure, the probate court has power to appoint an attorney for absent or unrepresented heirs of a decedent.</p> <p>Attorney for Absent Heirs—Discretion in Appointing.—Although the probate court has power to appoint an attorney for unrepresented heirs of a decedent, the power should be prudently and discreetly exercised, in the interests of the estate and of all concerned. The rule is, never to make such an appointment unless the necessity is manifest.</p> <p>Attorney for Absent Heirs When no Known Heirs.—The probate court generally refrains from appointing an attorney for unrepresented parties when there are no known heirs; not doubting its power, but questioning the expediency of its exercise in such cases.</p> <p>Attorney for Absent Heirs—Compensation.—An attorney appointed to represent heirs is entitled to an allowance at any time after services rendered, and during the administration. An application for such an allowance before final settlement of the estate is not premature.</p> <p>Attorney for Absent Heirs.—The Compensation of an Attorney appointed by the court to represent heirs must be paid out of the estate, as necessary expenses of administration. Upon distribution of the estate the attorney's fee may be charged against the party represented by him.</p>