Sandusky v. Sandusky
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. Alonzo I). Burnés, Judge. (1) The heirs were not trustees, and did not occupy any fiduciary relation, and did not have in their possession any fund to either hold or distribute, and the allowance of an attorney’s fee to their attorneys, to be taxed as costs in the case and paid out of funds belonging to other persons, was not authorized by any principle of equity jurisprudence.
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Appeal from Clinton Circuit Court. — Hon. Alonzo I). Burnés, Judge. (1) The heirs were not trustees, and did not occupy any fiduciary relation, and did not have in their possession any fund to either hold or distribute, and the allowance of an attorney’s fee to their attorneys, to be taxed as costs in the case and paid out of funds belonging to other persons, was not authorized by any principle of equity jurisprudence. Kimbal v. Bible Society, 65 N. H. 161; In re Donges’ Estate, 103 Wis.-497, 74 Am. St. 885; Patton v. Ludington, 103 Wis. 629, 74 Am. St. 910; Rose v. Rose .Association, 28 N.…
1Opinion of the Court
ROY, C.
A suit brought by the executor of the will of Mary E. Dorsey against her heirs and those claiming under the will to determine their respective rights was determined in the trial court against the heirs. They thereupon filed their motion for an allowance of their costs, including’ a reasonable attorneys’ fee, to be paid out of the funds' of the estate. That motion was sustained and a fee of $600 was allowed to H. T. Herndon and Claude Hardwicke, the attorneys for the heirs for their services in the cause.
The heirs appealed from the judgment and decree in the principal cause to this…
Also in this document: Per curiam.
2Cases cited5 opinions
- Ingraham v. IngrahamIllinois Supreme Court · 1897
- Tincher v. ArnoldCourt of Appeals for the Seventh Circuit · 1906
- Sandusky v. SanduskySupreme Court of Missouri · 1914
- Merrill v. HaydenSupreme Judicial Court of Maine · 1893
- Snoqualmi Realty Co. v. MoynihanSupreme Court of Missouri · 1904
3Cited by21 opinions
- Bernheimer Ex Rel. Bernheimer v. First National BankSupreme Court of Missouri · 1949
- Dickey v. VolkerSupreme Court of Missouri · 1928
- Walsh v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1932
- Trautz v. LempSupreme Court of Missouri · 1934
- Taylor v. BaldwinSupreme Court of Missouri · 1952
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