Legal Opinion · Concurrence

Needham v. Needham

Idaho Supreme Court

Decided July 25, 1921Published

APPEAL from the Tenth Judicial District of Idaho, for Lewis County. Hon. Wallace N. Seales, Judge. Appeal from judgment disallowing executor’s claim for expenses and attorney fee. The attorney’s fees, costs and expenses are chargeable to the heir or creditor who prosecutes the proceeding.

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APPEAL from the Tenth Judicial District of Idaho, for Lewis County. Hon. Wallace N. Seales, Judge. Appeal from judgment disallowing executor’s claim for expenses and attorney fee. The attorney’s fees, costs and expenses are chargeable to the heir or creditor who prosecutes the proceeding. (2 Woerner’s Administration, see. 516; In re Bell’s Estate, 145 Cal. 646, 79 Pac. 358.) “Neither expenses incurred by the administrator in procuring the removal of the guardian of a minor heir, nor money advanced for the heir’s benefit, are proper charges in the settlement of the administration account,…

1Concurrence

BUDGE, J.,

Concurring Specially. — This appeal is from a judgment by the district court disallowing a claim by ap*197pellant, as executor, against the estate of Kate Needham Halloran, deceased, and the distributive share of respondent therein.

From the record it appears that the final account of appellant, as executor of said estate, was filed and settled by the probate court on Feb. 7, 1916; that respondent, one of the residuary legatees, appealed from the decree settling said account on April 3, 1916; that the executor moved to dismiss said appeal, and before the motion was finally submitted…

2Cases cited11 opinions

  1. In re Estate of SandersonCalifornia Supreme Court · 1887
  2. More v. MillerCalifornia Supreme Court · 1898
  3. Hough v. HarveyIllinois Supreme Court · 1873
  4. In Re Estate of WilleyCalifornia Supreme Court · 1903
  5. In re Disbarment of Evans & Rogers ex rel. NelsonUtah Supreme Court · 1900

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