Legal Opinion · Dissent

In Re the Estate of Jolly

Washington Supreme Court

Decided April 25, 1940No. 27832Published

1DissentMillard, J.

(dissenting in part) — I am of the view that the cross-appeal is well taken, and that the services rendered were reasonably worth the amounts claimed. If like services were performed by a physician or surgeon, our only concern would be, as we held in Houda v. McDonald, 159 Wash. 561, 294 Pac. 249 (see, also, In re Perry’s Estate, 168 Wash. 428, 12 P. (2d) 595, and Smith v. Kneisley, 187 Wash. 278, 60 P. (2d) 14), whether the estate has the assets with which to satisfy the claim. Surely, conceding (as we must) good faith of Mr. McCarthy and Mr. Reid, we should employ as favorable a standard in…

2Cases cited3 opinions

  1. In Re the Estate of PerryWashington Supreme Court · 1932
  2. Houda v. McDonaldWashington Supreme Court · 1930
  3. Smith v. KneisleyWashington Supreme Court · 1936

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