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In re the Estate of Young

In the Matter of the Estate of Benjamin F. Young, Frank L. Kuhn's Appeal

In re the Estate of Young, 30 P. 643 (Wash. 1892)
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Court
Washington Supreme Court · State Highest Courts
Decided
July 7, 1892
Docket
No. 468
Judges
Stiles
Citations
30 P. 6434 Wash. 5341892 Wash. LEXIS 262
Syllabus
ADMINISTRATOR ACTING AS ATTORNEY — COMPENSATION. When - an administrator acts as attorney for the estate and prosecutes and collects a claim for damages for the death of his decedent; he is not entitled to more than the usual commissions as administrator, although he may have made an agreement with the hems for extra compensation.
Summary
Appeal from Superior Court, Pierce County.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Stiles

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The opinion of the court was delivered by Stiles, J. —

The appellant, as administrator of the estate of Young, deceased, collected $4,300 as damages from the Northern Pacific Railroad Company for causing the death of his decedent. In presenting his final account he claimed nothing as commission, but asked to be allowed $1,333.33 for money paid to himself as attorney for the heir in prosecuting and collecting the claim against the railroad company. The court disallowed the demand, but allowed the usual commissions.

*535 The appellant made the collection and brought it into the estate by his report. We must, therefore, assume it to have been within the line of his duty to do all he did. The law fixes his fees for doing his duty, without anticipation that he will make agreements with heirs for additional compensation, as he claims to have done in this case. Such agreements ought certainly to be so far void that a court of probate would refuse to recognize them in the settlement of an administrator’s accounts. When a lawyer becomes a voluntary administrator, he takes the office cum, mere, and although he exercise professional skill in conducting the estate, he does not thereby entitle himself to additional compensation. Taylor v. Wright, 98 Ind. 121 , Hough v. Harvey, 71 Ill. 72.

We concur in the action of the court below, and the order appealed from is therefore affirmed.

Anders, C. J., and Hoyt, Scott and Dunbar, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1904: 11905: 11921: 11935: 11942: 219042026peak 1942 · 2

Relies on it most ⓘ

  1. Needham v. Needham200 P. 346 (Idaho 1921) · Concurrence
  2. Jones v. Peabody45 P.2d 915 (Wash. 1935)
  3. Noble v. Whitten80 P. 451 (Wash. 1905)
  4. In re Belknap's Estate123 P.2d 358 (Wash. 1942)
  5. In re the Guardianship of Humeku15 Haw. 394 (1904) · Dissent
  6. Seibert v. McClure12 Wash. 2d 643 (1942)

Most recent

  1. In re Belknap's Estate123 P.2d 358 (Wash. 1942)
  2. Seibert v. McClure12 Wash. 2d 643 (1942)
  3. Jones v. Peabody45 P.2d 915 (Wash. 1935)
  4. Needham v. Needham200 P. 346 (Idaho 1921) · Concurrence
  5. Noble v. Whitten80 P. 451 (Wash. 1905)
  6. In re the Guardianship of Humeku15 Haw. 394 (1904) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Hough v. Harvey, 71 Ill. 72 (1873) 23
Pfaffenberger v. Platter, 98 Ind. 121 (1884) 5

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