Needham v. Needham
Idaho Supreme Court
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,…
1Opinion of the CourtMccarthy, J.
Appellant is the executor of the estate of Kate Needham Halloran, deceased, and he and respondent are the sole residuary legatees under her will. From a decree of the probate court approving the final account of the executor, respondent appealed to the district court. The appeal was later dismissed with respondent’s consent. Appellant filed a claim in the district court for $8.78 expenses and a $50 attorney fee incurred on said appeal, which was disallowed. He then filed the same claim in the probate court which disallowed it on the ground that it had no authority to allow it. On a second…
2Cited by9 opinions
- Stearns v. AbbottCalifornia Supreme Court · 1926
- In Re Estate of Wah-Kon-Tah-He-Ump-AhSupreme Court of Oklahoma · 1927
- American Mutual Building & Loan Co. v. KeslerIdaho Supreme Court · 1943
- Henderson v. NixonIdaho Supreme Court · 1945
- Morton v. FullerIdaho Supreme Court · 1929
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