279 Mass. 49 | Mass. | 1932
This is a petition filed in the Probate Court by an attorney at law under G. L. c. 215, § 39, for services alleged to have been rendered in connection with the administration of the estate of a deceased person. From a decree dismissing the petition the petitioner appealed.
The statute was first enacted in 1915 (St. 1915, c. 151, § 6). The part material to this case is in these words: “Probate courts may ascertain and determine the amount
The judge of probate made a report of facts in the following terms: “William T. Sheppard was the person named executor in the last will of one Ellen M. Holden, who died in Billerica on October 14, 1929. On November 1, 1929, the said Sheppard learning that this will, in which he was named executor, was to be contested by certain legatees under a prior will, employed Mr. Moushegian to represent him as counsel in the expected litigation. Thereafter the petitioner rendered legal services to Sheppard. These services consisted of preparation of the case in support of the will, of argument before the Probate Court in opposition to the contestant’s motion to frame jury issues, of argument before the Supreme Judicial Court upon appeal from the decision of the judge of probate disallowing such issues, of legal services in and out of court in connection with the appointment of Sheppard as special administrator of the estate of Ellen M. Holden pending the determination of the litigation, of trial before a jury in the Superior Court of the issue whether the testatrix was of sound mind at the time of the execution of said will; of argument before the judge of probate of a motion for counsel fees brought by the unsuccessful contestant of the will and of preparation in part of a brief upon appeal to the Supreme Judicial Court from the decision of the judge of probate denying said motion, all of which services are specified in detail in the petitioner’s itemized statement annexed to the petition. I find as a fact that these services were rendered to the executor as set forth in that statement, that they were of benefit to the estate and that a fair and reasonable fee for such services is $2,700. I further find that the said will of
In Ginzberg v. Wyman, 272 Mass. 499, 501, the court said in respect to G. L. c. 215, § 39: “The design of that
The decree must be reversed and a decree entered for the petitioner in the sum of $2,700 in accordance with the provisions of G. L. c. 215, § 39.
Ordered accordingly.