Gammage v. Rather

Citations

• 46 Tex. 105

Syllabus

<p>1. Attorneys’ Fees—Expenses of administration.—Reasonable attorneys’ fees for necessary service actually rendered in an estate, form part of the expenses of administration.</p> <p>2. Same.—If the attorney looks to the estate for payment of his fees, his claim must be authenticated by affidavit, and presented for approval as other debts of the estate.</p> <p>3. Same.—If payment of such fees be exacted of the administrator, then such expense will form an item in his account, and will be allowed as such, on a proper showing, in his settlement.</p> <p>4. Same.—The administrator, in paying such fees, may authorize the appropriation to that use of money to be collected for the estate by the attorney to whom such fees are due.</p> <p>5. Same—Limitation.—An administrator sought, by motion against a law firm, to recover money collected by them, belonging to the estate. The defendants set up their services for the estate, rendered over two years before, and that they were authorized to appropriate the funds collected to the satisfaction of their claims: Held, Error to sustain exceptions to the plea, on the ground of the statute of limitation.</p>