MacDonald v. Tittmann
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) The probate court has sufficient jurisdiction to allow attorney’s fees for services rendered in behalf of an estate, and to order the administrator to pay same as part of the expense of administration. R. S. 1899, sec. 95; Lycan v. Miller, 56 Mo. App. 79; State ex rel. v. Tittmann, 103 Mo. 553; State ex rel. v. Walsh, 67 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) The probate court has sufficient jurisdiction to allow attorney’s fees for services rendered in behalf of an estate, and to order the administrator to pay same as part of the expense of administration. R. S. 1899, sec. 95; Lycan v. Miller, 56 Mo. App. 79; State ex rel. v. Tittmann, 103 Mo. 553; State ex rel. v. Walsh, 67 Mo. App. 348. (2) Attorneys conducting a case jointly are entitled to share the fee equally. Henry v. Bassett, 75 Mo. 89. Without regard, in the absence of an agreement, to whether one of such…
1Opinion of the CourtBarclay, J.
This appeal must be disposed of upon rather narrow grounds defined by our law of procedure. The demand of plaintiffs against the estate of Basil W. Alexander (in charge of the defendant as administrator) for $2,950, is founded upon a claim for services rendered by Robert S. MacDonald, an attorney at law, on behalf of the defendant estate. He died after this action was begun. Plaintiffs were substituted in his stead as his administrators.
There is testimony tending to proye the facts recited in the lucid statement of counsel for appellants, from which we quote as follows, making a few…
2Cases cited2 opinions
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
- Thies v. GarbeSupreme Court of Missouri · 1885
3Cited by7 opinions
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- Jonesboro v. United Iron Works Co.Missouri Court of Appeals · 1906
- Crow v. Estate of LutzMissouri Court of Appeals · 1914
- Cobb v. HoustonMissouri Court of Appeals · 1906
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