Willard v. Bassett
Illinois Supreme Court
The appellant, who was an attorney at law, and Minerva Merrill, the widow of the decedent, took out letters of administration on the estate of E. C. Merrill, deceased. They subsequently resigned, and the appellee was appointed administrator de bonis non. The appellant presented an account for $218, against the estate, nearly all of which was for legal services rendered by him, while administrator, in cases in which the estate was interested as plaintiff or defendant.
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The appellant, who was an attorney at law, and Minerva Merrill, the widow of the decedent, took out letters of administration on the estate of E. C. Merrill, deceased. They subsequently resigned, and the appellee was appointed administrator de bonis non. The appellant presented an account for $218, against the estate, nearly all of which was for legal services rendered by him, while administrator, in cases in which the estate was interested as plaintiff or defendant. The County Court refused to allow this account, but finally allowed Willard and. Minerva Merrill, the administratrix, the sum…
1Opinion of the CourtCaton, C. J.
The only question in this case is, whether an attorney of this court, who is an administrator, is entitled to an allowance against the estate, for professional services, in cases which he prosecutes or defends as such administrator. The authorities are uniform that this should not he allowed, and every principle of sound policy forbids it. The law cannot permit the idea that a person can take the office of executor or. administrator as a business, or as a means of making money. It must ever associate with that place, to a certain extent, the idea of benevolence or philanthropy. We must ever…
2Cited by13 opinions
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- Lightner v. . BooneSupreme Court of North Carolina · 1942
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- In Re Estate of HackettAppellate Court of Illinois · 1977
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