In Re Estate of MacMullen

The petition of Labbe for letters of administration of the MacMullen Estate showed on its face that it was presented five days after his death and that he left a daughter living in Multnomah County surviving him. It was error to grant the petition of Labbe for his appointment as administrator. His appointment was not void, but voidable: Ramp v. McDaniel, 12 Or. 108, 115 (6 Pac. 456); In re Owen’s Estate, 32 Utah, 469 (91 Pac. 283, 285).

Attorneys’ fees for service rendered in connection with a partial administration of an estate by an administrator acting under an erroneous or a voidable…