46 Ind. App. 326 | Ind. Ct. App. | 1910
Appellant was duly appointed administrator of the estate of Perry Lee Richey, and on May 26, 1908, filed in the court below his final report, as such administrator, in which report he showed that the only money received by him was the sum of $2,978.75, the proceeds of a judgment recovered by him, as such administrator, against a railroad company for negligently causing the death of appellant's intestate, and that the intestate left surviving him appellee Nora Cleet, his widow, and stated facts which, if true, would preclude her from any share in said fund. It was also averred in said report that said intestate left surviving him his mother, who was dependent upon him for support. It contained a lengthy recital of services rendered for such administrator by certain named attorneys, and averred generally that appellant had spent a great deal of time and la
Appellee Nora Cleet appeared and filed her petition, or exception as it is called, averring that she was the widow of the intestate, and was supported by him at the time of his death; that she, in addition to the attorneys employed by the administrator to prosecute the action against the railroad company, had also employed an attorney, and that the attorney thus employed by her had rendered services in the prosecution of said action. She set forth a lengthy detailed account of the services rendered by him, and asked that her said attorney be allowed to share in the amount allowed as attorneys’ fees, and that the remainder of the fund for distribution be paid to her.
Upon the hearing the court overruled the exception; as it was termed, to the report, and made a finding to the effect that the intestate left surviving him, as his next of kin, appellee Nora Cleet, his widow, and Virginia Richey, his mother. The court made an order allowing the administrator $200 for his services, and $1,300 for attorneys’ fees, which last amount was directed to be equally divided among the five lawyers appearing in the prosecution of the action against the railroad company. The report of the administrator was approved, and a distribution of the funds ordered — one-fourth to be paid to Virginia Richey, mother of the intestate, and three-fourths to appellee Nora Cleet, his widow. No exception was taken by either party to this order of the court.
In this court, William H. Richey, as administrator of the estate of his intestate, assigns as error the overruling of his motion for a new trial and that of his attorneys, and each of his attorneys assigns as cross-error the overruling of his separate motion for a new trial. Appellee Nora Cleet assigns as error the overruling of her motion for a new trial, the overruling of her exceptions to the report of the administrator, the action of the court in confirming the administrator’s report, and in ordering the payment to Virginia Richey of one-fourth of the amount on hands for distribution. No reversible error is presented by these assignments of error.
Judgment of the court below affirmed.