Legal Opinion

Pike v. Thomas

Supreme Court of Arkansas

Decided March 28, 1896PublishedCited by 11 opinions

Appeal from Clark Circuit Court. Rueus D. Hearn, Judge. STATEMENT BY THE COURT. Luther H. Pike filed his petition in the probate court of Clark county, setting, up the following contract: “Whereas, I, Charles L. Thomas, as administrator of the estates, respectively, of Louis Thomas, deceased, and H. H. Carter, deceased, of Arkadelphia, in the county of Clark, in the State of Arkansas, have employed Luther H. Pike, attorney and counselor,. of Washington, D. C., to take charge…

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Appeal from Clark Circuit Court. Rueus D. Hearn, Judge. STATEMENT BY THE COURT. Luther H. Pike filed his petition in the probate court of Clark county, setting, up the following contract: “Whereas, I, Charles L. Thomas, as administrator of the estates, respectively, of Louis Thomas, deceased, and H. H. Carter, deceased, of Arkadelphia, in the county of Clark, in the State of Arkansas, have employed Luther H. Pike, attorney and counselor,. of Washington, D. C., to take charge of and prosecute to its final determination, in such lawful manner as he may deem best for my interests, the certain…

1Opinion of the Court

Wood, J.,

(after stating the facts). This court has repeatedly held that an administrator has no power to bind the estate he represents by his individual contracts. The last announcement upon the subject was in an opinion delivered by Judge Riddick,.at the present term, in Tucker v. Grace, 61 Ark. 410, where he said: “An attorney employed by the administrator of an estate has no claim against the estate, although his services may have inured to the benefit of the estate. He must look for compensation to the administrator who employed him.” It was there also said to be the “proper practice,…

2Cases cited4 opinions

  1. Ferrin v. . MyrickNew York Court of Appeals · 1869
  2. Tucker v. GraceSupreme Court of Arkansas · 1895
  3. Turner v. TapscottSupreme Court of Arkansas · 1875
  4. Kowing v. MoranNew York Surrogate's Court · 1887

3Cited by11 opinions

  1. Midwest Lime Co. v. Independence County Chancery CourtSupreme Court of Arkansas · 1977
  2. In re the Estate of MungerSupreme Court of Iowa · 1915
  3. Griggs v. NadeauCourt of Appeals for the Eighth Circuit · 1915
  4. Jackson v. Leech's EstateMichigan Supreme Court · 1897
  5. Brickell v. McCaskillSupreme Court of Florida · 1925

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