In Re Coleman
Supreme Court of South Carolina
Before Smith, J., Union, March, 1916. On application by William Coleman and another, executors of Ann E. Rice, deceased, for final settlement and discharge, Wallace and Barron and George S. Mower petitioned for allowance of attorney’s fees. An allowance was made by the Circuit Court on appeal from the probate Court, and S. M. Rice and others appeal. submit: The contracts of employment and retainer set up by the petitioners, Messrs.
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Before Smith, J., Union, March, 1916. On application by William Coleman and another, executors of Ann E. Rice, deceased, for final settlement and discharge, Wallace and Barron and George S. Mower petitioned for allowance of attorney’s fees. An allowance was made by the Circuit Court on appeal from the probate Court, and S. M. Rice and others appeal. submit: The contracts of employment and retainer set up by the petitioners, Messrs. Wallace & Barron and Mr. Mower, are merely the personal contracts of the executors and such contracts create no primary liability against the estate of Miss Rice:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
Miss Ann E. Rice died, leaving her last will and testament, to which she had added a codicil. She left as executors thereof William Coleman and F. M. Farr. When an application was made by them for a final settlement and discharge, Wallace and Barron and Mower filed their petition for coun sel fees, and asking that the same be allowed them for services alleged to have been rendered the executors under contract made with them as executors of said will. The petitions were heard in the probate Court for Union county, and the probate Court…
2Cases cited1 opinion
- Shell v. YoungSupreme Court of South Carolina · 1890
3Cited by2 opinions
- Glenn v. WorthySupreme Court of South Carolina · 1933
- Peterson v. UstrudSouth Dakota Supreme Court · 1931