179 So. 201 | Ala. | 1938
The matters presented for review are the overruling of objections filed to the register's report and the rendition of final decree pursuant thereto.
The report of the register is rested upon oral evidence before that official. The rule that obtains as to such finding on appeal is stated in Bidwell v. Johnson,
Subject to the general requirements of good faith and reasonable prudence, the personal representative may employ an attorney for advice and representation in legal matters and advice in management of an estate or trust funds — in performance of legal services which the personal representative cannot undertake — and may pay for and be allowed credit for such reasonable attorney's fees on settlement of the estate. Frazer, as Guardian, etc., v. First National Bank of Mobile, Ala.Sup.,
It is further declared that previous settlements of administrator and decrees thereon are presumed to be correct under the statute that obtains. The onus of showing error is on one with an interest in first settlement to overcome the presumption of veracity. Code, § 5918; Dickie v. Dickie,
It is further established that a personal representative has the right to deposit funds in a representative capacity in a bank of good reputation, and in so exercising a reasonable judgment in that behalf is not responsible for its loss by failure of the bank. Walsh v. Walsh,
The record shows that the attorneys for administrator made partial settlements; that the administrator had to resist motions for removal and a claim for $5,000 against the estate; that the administrator collected and distributed about $11,275.24; and that the settlement was held open for collection of mortgages and ascertainment of distributees. The sums allowed the administrator were within the amount fixed by the statute. Code, § 5923.
There is dispute in the testimony as to what was a reasonable attorney's fee to be allowed counsel last representing the personal representative. Under the rule and the presumptions that obtain as to sustaining objections to the report of a register and its confirmation by the trial court, we cannot say there was error to reversal as to the allowance of reasonable compensation to counsel for the personal representative. Dent v. Foy,
It may be said that the attorney for the administrator filed petition for distribution, answered citation to report on different occasions, represented the administrator in making such report, rendered services as to trust funds that were caught in a closed bank, represented him in the settlement of right of way with the government over mortgaged premises, made effort for collection of mortgages, advised the administrator as to distribution from time to time, and made final settlement.
It may be further observed that the delay in the collection of the mortgages and the loss incident thereto are explained by the fact that such loans were made on what later appeared to be inflated values and that the loss incident thereto was not due to any lack of diligence on the part of the administrator or of his counsel.
Under the rule that obtains (Bidwell v. Johnson,
Affirmed.
ANDERSON, C. J., and BROWN and KNIGHT, JJ., concur.
