Succession of Pons

Citations

• 142 La. 721
• 77 So. 515
• 1918 La. LEXIS 1426

Syllabus

<p>(Syllabus by the Court.) '</p> <p>1. Attorney and Client <&wkey;141 — Succession —Interdiction Suit — Attorney’s Pees — Amount.</p> <p>A fee of, say, $33,500 may be well earned in the defense of a suit for interdiction, brought by the children and heirs against their mother, contested during a period of nearly three years, involving the civil life and the liberty of the defendant and her control of an estate appraised at nearly $350,000, and terminating in its abatement by reason of the death of the defendant.</p> <p>2. Executors and Administrators i&wkey;216(l) ’■ —Succession—Managing Estate — Salary —Recovery oe Balance.</p> <p>Where one contracts to pay another a salary for a fixed term of years for managing an estate, but, before the expiration of such term, is made defendant in a suit for interdiction, in which, by an ex parte order of court, an administrator pro tern, is appointed to manage the estate; and the manager, under the contract, acquiesces in such appointment, and without asserting any rights, assists the administrator, who is subsequently paid for the management, under a judgment obtained contradictorily with the former manager, who, by that time, has become the executor of the deceased owner of the estate, but who still assorts no claim under his contract, such manager cannot thereafter recover his salary for the balance of the term fixed by such contract.</p> <p>3. Physicians and Surgeons <&wkey;23 — Serv- ■ ■ ices oe Specialist — Recovery.</p> <p>Where the services of a specialist are engaged under a contract that they shall be paid a certain sum in the event of certain specified ■ possible happenings and a larger amount in the event of other happenings, they can only recover according to their contract, and, if the specified possible happenings do not happen, cannot recover the larger amount.</p> <p>4. Physicians and Surgeons <&wkey;24(3) — Action eor Medical Services — Recovery.</p> <p>One who seeks to recover for medical services upon the b