74 Md. 554 | Md. | 1891
delivered the opinion of the Court.
There are two appeals in this case from orders of the Circuit Court of Baltimore City. The main question turns upon the right of the Court to allow counsel fees to Messrs. Ruddell and Hall and McColgan, for services rendered in setting aside a fraudulent deed from James McGraw to Susan L. Canton. The facts as disclosed by the record are these: On the first day of April, 1881, James McGraw made a will devising all his property, real and personal, except one lot of ground, to his daughter Susan L. Canton, in trust for the use and benefit of his children. Shortly after his death, a deed dated the 22d day of April, 1881, was placed upon record in Baltimore City, which conveyed the hulk of his property to Susan L. Canton absolutely. On petition of Wm. J. McGraw, this deed was set aside upon the ground of fraud, and the reasons therefor are set forth in an opinion of this Court reported in the case of Canton, et al. vs. McGraw, 67 Md., 583. The sum of $3,000 was allowed by the Court as counsel fees out of the trust estate. The amount of property recovered and brought into the trust estate by reason of the suit is variously estimated by the witnesses from $7,000 to $21,000. The evidence in the case shows that the children of James McGraw, other than William J., opposed the effort to vacate the deed, and preferred that the property should pass-to Mrs. Canton under the deed. They did not unite in employing Messrs. Ruddell and Hall and McColgan, and were not willing to recognize their services.
Their testimony is full and explicit to the effect that they did not accept the services as rendered, and were not
We have, however, been referred to the case of Davis, Brydon, et al. vs. Gemmell, et al., 73 Md., 530, as establishing a different rule to govern such cases; and the appellants seek to bring their case within the rulings there made. But the facts of the present case are entirely different from those in the Brydon Case. There Messrs. Walsh, Poe and Carter had a contract and the decision rested upon the principle of an equitable assignment of the fund. And the fees allowed Messrs. Cross and Marbury were placed upon the ground that their clients had preserved the fund, and the allowance was to indemnify them for this outlay. But there is no evidence in this record to show that there was any contract between the plaintiff and his counsel as to what fees they should receive, and
Reversed in part, and . affirmed in part, and cause remanded.