Kenyon v. Gregory
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Southern District; Thos. C. Trimble, Judge; 1. The judgment of the probate court is void for want of jurisdiction of the subject matter.
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Appeal from Prairie Circuit Court, Southern District; Thos. C. Trimble, Judge; 1. The judgment of the probate court is void for want of jurisdiction of the subject matter. The attorney should have sued for his fee and reduced his claim to judgment. 61 Ark. 410; 62 Id. 226. 2. Act 118, Acts 1913, gives an administrator the right'to employ an attorney and leaves the amount of the allowance to be fixed by the probate court, to be taxed and allowed as expenses, indicating no intention to change the law, but leaving it as before that the allowance should he to the administrator for fees paid by…
1Opinion of the CourtHumphreys, J.
On the 1st day of November, 1915, W. H. Gregory, appellee, filed an application for the allowance of an attorney’s fee against Ralph W. Kenyon, executor of the estate of J. M. Kenyon, deceased, in the probate court for the Southern District of Prairie County, Arkansas. He alleged in Ms petition that Mrs. J. M. Kenyon was first appointed admimstratrix of said estate and later Ralph W. Kenyon was appointed executor of the last will and testament of J. M. Kenyon; that he represented them by employment in winding up the affairs of said estate. No notice was given of the filing of tMs petition to…
2Cases cited6 opinions
- Merchants & Planters Bank v. FitzgeraldSupreme Court of Arkansas · 1896
- Johnson v. WestSupreme Court of Arkansas · 1909
- Reese v. CannonSupreme Court of Arkansas · 1905
- Burke v. CoolidgeSupreme Court of Arkansas · 1879
- Leonard v. LeonardSupreme Court of Arkansas · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gow v. MauryMontana Supreme Court · 1923
- Lamb & Rhodes v. HowtonSupreme Court of Arkansas · 1917
- Bogue v. SachsSouth Dakota Supreme Court · 1941
- State Ex Rel. Attorney General v. WilsonSupreme Court of Arkansas · 1930
- Price v. PriceSupreme Court of Arkansas · 1973
4 more not listed; retrieve them via the Exa API.