Wilson v. Kelly
Supreme Court of South Carolina
Before Fraser, J., Kershaw, September, 1888. The case is fully stated in the report of J. D. Dunlap, Esq., master. This report was as follows : It having been referred the master to inquire and report to this court w'hat attorneys herein are entitled to fees, to be paid out of the funds in the hands of the court, for services rendered the estate of Wylie Kelly, deceased, in these proceedings, and also what would be a proper fee for each attorney, the master would…
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Before Fraser, J., Kershaw, September, 1888. The case is fully stated in the report of J. D. Dunlap, Esq., master. This report was as follows : It having been referred the master to inquire and report to this court w'hat attorneys herein are entitled to fees, to be paid out of the funds in the hands of the court, for services rendered the estate of Wylie Kelly, deceased, in these proceedings, and also what would be a proper fee for each attorney, the master would respectfully report: I find as matters of fact: In the year 1875, a petition was filed in the Court of Probate for Kershaw County,…
1Opinion of the Court
The opinion of the court was delivered by
MR. Justioe McGowan.
This appeal involves the question of the allowance, out of funds in the Circuit Court, of a fee for the professional services of the attorney for the plaintiff. The appellant’s statement of facts, which-are not questioned, is as follows : “Wylie Kelly, late of the County of Kershaw, departed this life intestate, leaving a considerable estate of real and personal property. Letters of administration were granted to one John R. Shaw about January 22, 1875, and proceedings were thereafter commenced in the Probate Court for the partition…
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