Malville v. Kappeler

Citations

• 4 Cal. Unrep. 843
• 37 P. 934

Syllabus

<p>Executor—Liability for Services of Attorney.—In an Action to Recover attorneys' fees for services rendered in an action in which defendant was named as defendant both individually and as executrix, though not a necessary party thereto, it appeared that she made no claim in such prior action in her individual capacity, and she testified that she employed plaintiff merely as attorney for the estate, but this plaintiff denied. The property received by defendant in settlement of the prior action was applied to the benefit of the estate of which she was executrix, and plaintiff received an allowance from the estate for his services, under order of court. Held, that a finding that plaintiff was not employed by defendant in her individual capacity was proper.</p> <p>Executor—Liability for Services of Attorney.—In Such an Action the Inventory filed by the executrix, who was the wife of the testator, would not determine whether certain premises were separate or community property, and was therefore inadmissible for that purpose.</p>