89 Ind. 477 | Ind. | 1883
On May 29th, 1883, the appellees, composing the law firm of Dailey & Piekerill, filed their petition in the court below, asking an allowance to be paid out of the estate of the appellant’s testate for services rendered by the appellees as attorneys at the request of residuary legatees of the deceased. Two days after filing their petition, the appellees moved its submission, but the appellant objected on the ground that the claim had not been filed against the estate in the manner, nor for the length of time, that then authorized its trial. This objection was overruled and the appellant excepted. The appellant then demurred to the petition, as not stating facts sufficient, etc., and because of a defect of parties defendants. The demurrer was overruled, and to this ruling the áppellant excepted. The appellant an
The facts, material to be considered, as alleged in the appellees’ petition or appearing from the evidence, are as follows i. The testate, at the time of his death, was the financially responsible member of the firm of Farman & Pierce, contractors, who at that time were building the court-house, in Tippecanoe county, under a contract with the board of commissioners of that county. This contract was believed to be highly prejudicial to the decedent’s estate. The appellant, as administrator of the estate, acting under the authority of an order of the court, effected a compromise with the board of commissioners of Tippecanoe county, whereby, in consideration of an agreed sum of money, paid by the administrator to that county, the estate of the decedent was released from further liability on said contract. In bringing about this compromise and settlement, the appellees, under an employment from the residuary legatees of the testate, performed services worth, at least, the amount for which they obtained the allowance from which this appeal was taken. The services so rendered were not performed by virtue of any contract with the appellant, nor at his instance or request.
An executor or administrator may, when proper to do so-, employ an attorney in the management of the estate, and in. such case he is personally liable for the payment of his fees, unless there is a special agreement that the attorney shall look to the estate alone for their payment. But the attorney so employed may, if his services are not paid for by the executor or administrator, apply to the court for an allowance by filing his claim against the estate. Long v. Rodman, 58 Ind. 58.
Neither heirs nor legatees have power, by contract with an attorney, to bind an estate, represented by an executor or administrator, for the payment of attorney fees, however beneficial the services engaged may be for the estate. In such case the attorney can look only to his employers for compensation.
The judgment of the court below is reversed, at the appellees’ costs.