Paget v. Brogan
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court. STATEMENT BY THE COURT. At the October term, 1894, of the Sebastian county probate court for the Fort Smith district, the appellee, as administrator of the estate of his deceased brother, Joseph Brogan, filed a petition, in which he represented that the estate was involved in litigation, and that it was necessary to secure the assistance of an attorney, or attorneys, and asked leave of the court to employ the same in the interests of said…
Read the full summary
Appeal from Sebastian Circuit Court. STATEMENT BY THE COURT. At the October term, 1894, of the Sebastian county probate court for the Fort Smith district, the appellee, as administrator of the estate of his deceased brother, Joseph Brogan, filed a petition, in which he represented that the estate was involved in litigation, and that it was necessary to secure the assistance of an attorney, or attorneys, and asked leave of the court to employ the same in the interests of said estate. At the January term, 1895, the said court took up said petition to consider it, but, instead of granting it, as…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The law as declared by the circuit court is correct, and its judgment must be affirmed. This court in McPaxton v. Dickson, 15 Ark. 97, said; “Where a .portion of the heirs and distributees employ an attorney to contest the settlement of the executors, the probate court has no power to direct the payment o? the attorney’s fee by the executor of the re duary fund of the estate; if it be a proper case for contribution by all interested in the estate, the remedy is in chancery only.” We held in Pike v. Thomas, 62 Ark. 223, that the probate court had no…
2Cases cited6 opinions
- In re Estate of MarreyCalifornia Supreme Court · 1884
- Tucker v. GraceSupreme Court of Arkansas · 1895
- Driscoll v. Norwich & Worcester RailroadSupreme Court of Connecticut · 1894
- Pike v. ThomasSupreme Court of Arkansas · 1896
- City of New Orleans v. Heirs of GuillotteSupreme Court of Louisiana · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brewer v. LacefieldSupreme Court of Arkansas · 1990
- Moss v. MooseSupreme Court of Arkansas · 1931
- Swaffar v. SwaffarSupreme Court of Arkansas · 1997
- Croft v. ClarkCourt of Appeals of Arkansas · 1988
- Sprague v. MooreMichigan Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.