123 Wis. 209 | Wis. | 1904
The first question to bo noticed is: Did the county court have jurisdiction to determine the amount justly allowable to the attorneys of the administrator out of the estate on account of legal services performed by them, to make the same a lien thereon and to order the lien to be extinguished by using funds for which the administrator was responsible 1
"Where tbe legal title to personal property belonging to an estate upon tbe appointment of tbe administrator and bis qualification, vests in bim, be bolds tbe same in trust and is accountable to tbe court appointing bim after tbe manner of trustees generally. Tie is tbe “arm of tbe court,” so to speak, in tbe settlement of tbe estate, tbe same as a receiver is in an ordinary administration suit. Tbe court bas tbe amplest authority, within tbe limitations of tbe statute, to direct bim, and to recognize equitable claims upon tbe funds in bis bands, growing out of services performed in tbe conservation thereof, and to protect tbe possessor of such claims, if justice so requires, by making them liens upon such funds, after tbe manner of courts of equity, in administering property in tbe hands of its agents.
By sec. 2443, Stats. 1898, tbe county court’s jurisdiction is expressly extended “to all matters relating to tbe settlement of tbe estate of such deceased persons”- at tbe time tbe deceased was an inhabitant or resident of tbe county where tbe
“The county courts have plenary jurisdiction in all matters of the administration, settlement and distribution of the estates of deceased persons, and much of this jurisdiction is of an equitable character and is necessarily concurrent with that of courts of equity.” Tryon v. Farnsworth, 80 Wis. 577, 581.
The power of the court includes “all jurisdiction, both' legal and equitable, unless expressly reserved, necessary to the due administration of the estates of deceased persons and to the performance of all acts required in the course of such administration:’' ... It may grant equitable relief or enforce a trust in a case of this nature, the same as a court of equity; and although the jurisdiction of a court of equity still exists, it does not oust that of the county court in a proper case. The doctrine of equitable estoppel may be recognized, and its principles enforced, as well by the county court as by the court of chancery, the jurisdiction of the latter being concurrent, merely, in any matter pertaining to the settlement of the estates of deceased persons.” Brook v. Chappell, 34 Wis. 405, 411.
That doctrine will be found often referred to in our reports. The settlement of estates so far at least as relates to trust-fund features is within the inherent jurisdiction of courts of chancery as a part of their general jurisdiction in the administration of trusts. Substantially all authority so possessed by such courts is now likewise possessed by our county courts.
With the foregoing in mind, by reference to the authorities in'respect to the power of courts of equity dealing with judi
In Manderson's Appeal, 113 Pa. St. 631, 6 Atl. 893, a situation was dealt with there similar to the one in hand. The attorney for an executor rendered valuable services in respect to the estate. Such executor squandered the funds, out of Avhich the supervisory court would, had opportunity been afforded therefor, authorized the attorney to be paid, and then absconded. After the defalcation was known and a successor appointed and put in possession of the property not misappropriated, the attorney applied to the court for an order requiring payment of his claim therefrom. The application was disallowed because the claim was a personal liability of the unfaithful executor; such executor by reason of his maladministration was not entitled to any compensation, either for his services or expense of obtaining legal assistance; and that when he squandered the trust fund, out of which he might have been compensated for such services and expenses, he in effect squandered the money belonging to his attorney. Under the circumstances it was held that it would be unjust to take from the remaining property belonging to the estate to pay-the attorney’s claim; that he should suffer for the sins of his employer. Upon appeal the court decided otherwise. It was said, in effect, that reasonable.compensation for necessary beneficial legal services in such a case should, upon equitable principles, be paid out of the remaining property; that such serv
Having reached a conclusion as above, we are precluded from inquiring whether the county court committed judicial error in exercising its authority. Its decision cannot be disturbed by a collateral attack. Cody v. Cody, 98 Wis. 445, 74 N. W. 217 ; O'Connor v. Fond du Lac, 101 Wis. 83, 76 N. W. 1116; Roberts v. Weadock, 98 Wis. 400, 74 N. W. 93; Barney v. Babcock's Estate, 115 Wis. 409, 91 N. W. 982.
The principle last alluded to rules the question of whether when this action was commenced the administrator was responsible for property belonging to the estate to the amount-alleged. His account was duly settled and the final order in Tespect thereto, which is in harmony with the complaint, is conclusive in this action. Meyer v. Barth, 97 Wis. 352, 72 N. W. 748; Wallber v. Wilmanns, 116 Wis. 246, 93 N. W. 47. According to that order, at the commencement of this action there was $14,778.69, in the hands of the administrator for distribution, and for which the appellant as surety was liable. The county court might have ordered payment of the •entire amount into court or to a successor of the unfaithful executor and then disbursed the fund to the heirs or others .justly entitled thereto. The fact that a part thereof was ordered paid to the attorneys instead'of the heirs is a matter that does not rightly concern appellant. . According to the judgment of the county court the entire fund belonged to the heirs, subject to such equitable claims thereon as were found to exist. Those who could have been prejudiced by the circumstance that part of the fund was ordered paid to the attorneys Avere the heirs. They made no complaint. They consented to the order. It is conceded, that if the entire fund had been ordered paid to the heirs appellant would liaAre been responsible to the full extent thereof. Its obligation was not
By the Court.- — Judgment affirmed.