Shufeldt v. Hughes

Citations

• 55 Wash. 246
• 104 P. 253
• 1909 Wash. LEXIS 742

Syllabus

<p>Wills — Nonintervention Will — Executors and Administrators —Necessity oe Administration. Where a will devised property to two individuals, one of whom was not a trustee, and provided that if either refused to accept the trust, another be appointed in his stead by the court probating the will and settling the estate, the will is not a “nonintervention” will; since it is necessary under Bal. Code, § 6119, that the intention to dispense with administration be shown by express words or necessary implication.</p> <p>Wills — Nonresidents—Necessity oe Probate. Where a nonresident testator dies leaving real estate in this state, it is necessary that his will be probated here.</p> <p>Executors and Administrators — Compensation — Wills. Bal. Code, § 6314, providing for commissions on the whole estate accounted for by an executor, where no compensation is provided for in the will or he shall renounce his claim thereto, applies to nonintervention wills, as well as to others.</p> <p>Same — Waiver oe Compensation — Burden oe Prooe. An executor having a legal right to probate a will without the consent of a widow, the burden of proof is upon her to show an alleged waiver of his statutory commissions under an agreement to accept a flat salary.</p> <p>Same — Liabilities oe Estate — Attorney's Fees — Amount. In determining the amount of an attorney’s fee to be allowed an executor, the court will take into consideration the value of the estate and the responsibility involved.</p> <p>Same. An allowance of $13,000 for the fees of an attorney for an executor is excessive, and $8,750 is sufficient, where it appears that the estate consisted of a city building, its rents, issues and profits, of the value of $600,000, that the attorney was learned in the law, and of thirty years’ experience, that he probated the will, made an exhaustive inquiry as to the community nature of the estate, devoted considerable time to the question of the inheritance tax, attended to two suits, carried the e