Noble v. Whitten

Citations

• 38 Wash. 262
• 80 P. 451
• 1905 Wash. LEXIS 1158

Syllabus

<p>Executors and Administrators—Fees—Possession oe Beal Estate—Commissions Upon. An administrator is entitled to the possession of the real estate and to commissions thereon, as administrator’s fees, to he allowed upon final accounting.</p> <p>Same—Fees—Waiver oe. A letter from an attorney who had been agent of the nonresident owner of property, consenting to act as administrator of the estate, and stating that he would continue in charge of the property as theretofore, and protect the interests of the heirs as he had protected the interests of the deceased, is not sufficient to show a waiver by him of 'statutory administrator’s fees.</p> <p>Same—Allowance eor Attorney’s Fees. An attorney who consents to act as administrator, and who is competent to draw the ordinary papers in the conduct of the ’estate, is not entitled to an allowance for attorney’s fees, where there was no litigation, and no necessity shown for the employment of an attorney, except upon his own contest for illegal fees.</p>