In re Estate of Kruger

Citations

• 123 Cal. 391
• 55 P. 1056
• 1899 Cal. LEXIS 1084

Syllabus

<p>Estates oe Deceased Persons—Final Account of Executor—Allowance or Attorney’s Fees without Notice—Void Order.—Where an executor presented his final account, and did not embody any allusion therein to attorney’s fees, the court has no jurisdiction to allow attorney’s fees upon mere subsequent application of the executor therefor, without notice of the application to all parties in interest, and an opportunity to them to be heard, and an order allowing the same without such notice is void.</p> <p>Id.—Appealable Order.—An order allowing attorney’s fees to the attorney of an executor is an appealable order.</p> <p>Id.—Evidence—Negligence' or Attorney for Executor—Loss to Estate.—The court in the exercise of its jurisdiction to fix the compensation of the attorney for the executor, should do full justice between the parties, and hear all evidence pertinent to any dereliction or negligence of such attorney whereby loss was caused to the estate, or to show that by reason of his culpable dereliction he was entitled to less compensation than that claimed, or to none at all.</p>