Legal Opinion

Rodey v. First Nat. Bank

New Mexico Supreme Court

Decided December 5, 1944No. 4841Published

1Opinion of the Court

MABRY, Justice.

This is an appeal by Pearce C. Rodey, an attorney-at-law, from an order fixing at $5,000 his fees in connection with the administration of decedent’s estate. The attorney had asked for a fee of $10,000. While the trial court found that the services of appellant were of the reasonable value of $10,000, that nevertheless, because of the condition imposed by a certain contract under which he was employed and by which any fee earned above $5,000 was to be contingent upon approval by one of the parties having an interest in the estate, one Jean Elizabeth Hall, he could recover no…

2Cases cited7 opinions

  1. Mercantile Trust Co. v. HenseySupreme Court of the United States · 1907
  2. Elsea v. Broome Furniture Co.New Mexico Supreme Court · 1943
  3. Roe v. Sears, Roebuck & Co.Court of Appeals for the Seventh Circuit · 1943
  4. Baxter v. BillingsCourt of Appeals for the Eighth Circuit · 1897
  5. In re the Estate of TrybomNew York Surrogate's Court · 1938

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