Trumpler v. Royer

Citations

• 95 Ohio St. (N.S.) 194

Syllabus

<p>Executors and administrators — Settlement of accounts — Jurisdiction of probate court — Section 8, Article IV, Constitution — Section 10492, General Code — Attorneys’ fees — Determination and, allowance — Item for settlement account, when — Appeal from application or order — Section 11206, General Code.</p> <p>1. By the provisions of Section 8, Article IV, Constitution, and Section 10492, General Code, plenary jurisdiction is conferred on the probate court to grant and revoke letters testamentary and of administration, to direct and control the conduct, and settle the accounts of executors and administrators, and order the distribution of estates.</p> <p>2. The allowance of fees for services rendered by attorneys employed by am executor or administrator in the settlement of the estate in his hands is a matter to be determined by the probate court, and until so determined such fees do not constitute a valid claim against the estate.</p> <p>3. The amount of such fees may be included as an item in the settlement-account of the executor or administrator; or an application upon due and legal notice to all parties in interest may be made to the probate court to allow the claim and fix the' amount thereof.</p> <p>4. Any person affected by order of the court with - reference to any such item or application may, by the provisions of Section 11206, General Code, appeal therefrom to the court of common pleas.</p>