Whitlow's Admr. v. Whitlow's Admr.
Court of Appeals of Kentucky
Case 84 — Action by Administrator to Settle Estate of His Intestate APPEAL FROM WABBEN CIRCUIT COURT. The agreed compensation was for the personal services of Proctor. ' The other counsel was employed with the knowledge of and without objection from either administrator and by the express contract of one. Their services were valuable and were accepted, and the beneficiary wants the benefit of such service without paying for it.
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Case 84 — Action by Administrator to Settle Estate of His Intestate APPEAL FROM WABBEN CIRCUIT COURT. The agreed compensation was for the personal services of Proctor. ' The other counsel was employed with the knowledge of and without objection from either administrator and by the express contract of one. Their services were valuable and were accepted, and the beneficiary wants the benefit of such service without paying for it. Oiir position is that the fees of the gentlemen should be borne equally by Proctor and the plaintiff in the action — that is, that it should be paid out of the fund…
1Opinion of the Court
Opinion op the court by
JUDGE O’REAR
Affirming.
One T. P. Whitlow sustained personal injury on the Louisville & Nashville Railroad, in Tennessee, prior to November, 1889, he being then a minor, and in the employ of the railroad company. From this injury he died. His father, Wyatt Whitlow, who claimed to inherit as sole heir at law of the deceased son, and who qualified as his administrator in Kentucky, contracted with B. F. Proctor, an attorney at law, to take charge of and prosecute the claim against the railroad company for damages resulting from the injury and death of the son. This contract,…
2Cases cited1 opinion
- Hopkins' Adm'r v. FaeberCourt of Appeals of Kentucky · 1887
3Cited by7 opinions
- Doty's Adm'r v. Doty's GuardianCourt of Appeals of Kentucky · 1904
- Combs v. RoarkCourt of Appeals of Kentucky · 1924
- Boreing v. WilsonCourt of Appeals of Kentucky · 1908
- Ikenberry v. New York Life InsuranceSupreme Court of Minnesota · 1914
- Koehring Company v. Hyde Construction Co.Mississippi Supreme Court · 1970
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