Callaghan v. Estate of Grenet
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Geo. H. Hoonan. H. Grenet died February 20, 1882, and by his will Jos. E. Dwyer was appointed independent executor of his estate. To assist in the management of the estate, he employed Bryan Callaghan, an attorney, and agreed to pay him $3,640.72 for his services. Prior to the death of the executor, Callaghan received from him $1,994. 66 on account of that contract. Jos. E. Dwyer died September 14, 1884, and Geo.
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Appeal from Bexar. Tried below before the Hon. Geo. H. Hoonan. H. Grenet died February 20, 1882, and by his will Jos. E. Dwyer was appointed independent executor of his estate. To assist in the management of the estate, he employed Bryan Callaghan, an attorney, and agreed to pay him $3,640.72 for his services. Prior to the death of the executor, Callaghan received from him $1,994. 66 on account of that contract. Jos. E. Dwyer died September 14, 1884, and Geo. H. Kalteyer was appointed administrator with the will of the Grenet estate annexed. Callaghan presented his claim for balance due him…
1Opinion of the Court
Willie, Chief Justice.
Dwyer was authorized to employ an attorney to represent the estate of H. Grenet, whilst in course of administration by him as executor, and to. contract to pay him a reasonable compensation for his services. The amount to be thus paid would be a part of the expenses of administering the trust, and, as such, would be entitled to preference in payment over the debts contracted by the deceased in his lifetime. This right of precedence is given to such claims in all cases of trust estates, and is especially recognized by our own statutes in the administration of estates in…
2Cited by29 opinions
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