Rives v. Patty
Mississippi Supreme Court
Erom the chancery court of Noxubee county. The estate of R. C. Patty, deceased, of which appellee, Ella H. Patty, is the administratrix, was declared insolvent, and notice was given to all creditors to present their, claims for allowance. Certain of the creditors employed Messrs. Rives & Rives, lawyers, to represent their interest.
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Erom the chancery court of Noxubee county. The estate of R. C. Patty, deceased, of which appellee, Ella H. Patty, is the administratrix, was declared insolvent, and notice was given to all creditors to present their, claims for allowance. Certain of the creditors employed Messrs. Rives & Rives, lawyers, to represent their interest. These lawyers began proceedings to surcharge the administratrix’s accounts, and instituted several suits, the object of all of which was to increase the assets of the estate, and they thereby succeeded in largely augmenting the funds for distribution. The funds…
1Opinion of the CourtWoods, J.
The effort of appellants to charge the fund in the hands of the administratrix with the attorneys’ fees of Mr. J. E. Rives, in his own right, and as surviving partner of the firm of Rives & Rives, cannot be successfully maintained. That the services of the attorneys of the appellant creditors were valuable and important is clear, and that a reasonable fee should be paid them is not to be disputed. But shall this fee be paid out of the funds of Patty’s estate, now ready for distribution to all the creditors, or shall it be paid by those creditors who employed the Messrs. Rives, and who have…
2Cases cited2 opinions
- Chicago, St. Charles & Mississippi Railroad v. LarnedIllinois Supreme Court · 1861
- Turner v. MyersSupreme Court of Iowa · 1867
3Cited by8 opinions
- Re Faling EstateOregon Supreme Court · 1924
- Felton v. FinleyIdaho Supreme Court · 1949
- Collins v. SchneiderMississippi Supreme Court · 1939
- O'Doherty & Yonts v. BickelCourt of Appeals of Kentucky · 1915
- Spinner v. Fidelity Cas. Co. of N.Y.Court of Appeals of Kentucky (pre-1976) · 1932
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