202 N.W. 492 | Minn. | 1925
Martin A. Eckes died testate in Germany in July, 1914. Administrators with the will annexed were appointed in March, 1918, by the probate court of Hennepin county. In October of the same year the Alien Property Custodian made a demand upon them for the right, title and interest in the estate of Katharina Eckes, the widow, who was an alien enemy being then a citizen and resident of Germany. The appellant, Mr. Heim, appeared for the widow in the administration of the estate, advanced money and rendered services as an attorney for her. A few days before the rendition of the final decree, he filed his claim for the services in the probate court, and, on notice to the custodian and Mrs. Eckes, asked to have that court determine the value of his services and the amount of money advanced in order to have a lien therefor. The court denied the application. On appeal to the district court the same result was reached. He appeals from the judgment in the district court.
But for the Trading with the Enemy Act, Mr. Heim would clearly be entitled to an adjudication in the probate court as to the value of his services and expenditures and to have the amount decreed a lien and enforced against the distributive share of his client, the widow. Section 8876, G.S. 1923. However, at the hearing in the *228 courts below, as well as here, the attorney for the custodian, as well as the one who now appears for the widow, take the position that in virtue of the act of Congress referred to and the action of the President thereunder the whole share of the widow must be turned over to the custodian. We think this accords with the view expressed by the Supreme Court of United States.
In Central Trust Co. v. Garvan,
Stoehr v. Wallace,
To the same effect is Commercial Trust Co. v. Miller,
In re Miller, 281 F. 764, 772, it is said: "The right to the custody of the property herein involved vested in the Custodian, became a vested right in him on the day when the demand was made and the notice thereof was given. This is so because of the express provision to that effect in the executive order of the President issued on February 26, 1918." An appeal from this decision was dismissed by the Supreme Court of United States in
Based on the well-recognized rule that an alien enemy is permitted when sued in the courts of this country to employ an attorney to defend his rights, appellant argues that the attorney so employed should be protected as to his statutory lien before the property is turned over to alien property custodian. Keppelmann v. Keppelmann,
Affirmed.