Estate of Marotz

The question here concerns the obligation of the estate of a deceased person to pay reasonable attorney fees incurred not by the executor but by an heir in conserving the estate.

During the lifetime of Bertha Marotz her daughter, Pauline, lived with her and when Mrs. Marotz became incapacitated through old age Pauline cared for her by agreement with the other Marotz children that she would be compensated. After Mrs. Marotz died Pauline filed a claim for such services against her estate. Up to the time that the claim was heard by the county court the executor made no objection to its allowance,…