Smith v. United States National Bank

Plaintiff F. Leo Smith, the attorney for defendant United States National Bank, the personal representative of the estate of Ethel Kelly, deceased, brought an action at law against defendant seeking damages for its refusal to appeal (1) the probate court’s award under ORS 116.183 of attorney fees of $4,240 to the personal representative, $1,760 less than the amount requested by plaintiff as his fee, and (2) the court’s denial of plaintiff’s request for additional attorney fees for services in connection with the hearing at which the probate court awarded the $4,240 attorney fees to the…