In Re Hamilton's Estate

It is apparent from the petition of Jeanie Dale Farguhar, and others as originally filed, that it was drafted upon the theory that the attorneys for petitioners had rendered services which inured to the benefit of all interested in the James L. Hamilton estate, which they alleged they would be compelled to pay unless ordered paid out of the assets of the estate; and under the common fund doctrine, they claim they are equitably entitled to have the services of their attorneys paid out of the estate.

The general rule is that an attorney must show a contract of employment in order to recover for…