Chapman v. Ada County

— This action was brought to recover the sum of $50, which plaintiff as executrix was required to pay as a fee for probating an estate in the probate court of Ada county.

C. S., sec. 3705, as amended by chap. 16, Laws of 1925, p. 25, as further amended by chap. 91, Laws of 1927, p. 117, sets forth a schedule of probate court fees. The minimum fee for probating an estate is $5. For estates the value of which exceeds $5,000 a graduated fee scale is provided. Plaintiff concedes liability for the minimum fee but resists the imposition of all in excess of that, and demands its return, on the ground…