174 Wis. 220 | Wis. | 1921
The petition for the proof of the will of the deceased was filed May 29, 1917, and the will was admitted to probate August 7, 1917. An inventory was made, and on September. 26, 1917, an appraisal was returned and filed. The estate consisted principally of 600 shares of stock in the Matthews Building Company, which were appraised at $350 per share. There were sales of some of the stock. On April 22, 1918, one share sold' for $300. April 9th there was a sale of one share for $325. October 1, 1918, proceedings were had which authorized a sale of ninety-seven shares at $175 per share. An interlocutory account was filed December 12, 1918, and approved by the court February 8, 1919. On January 2, 1919, there was a petition filed for re-appraisal of the stock of the Matthews Building Company. The re-appraisal proceeding was participated in by the state and federal officials for the purpose of fixing the amount upon which the inheritance and state taxes should be computed. Upon the hearing the county court determined that the appraisal of 600 shares of the
The executor being chargeable with the appraisal value of the property coming into his hands and being required to account therefor, we think the sum upon which his fees are to be computed is the value of the estate as determined by the appraisers, unless set aside for cause, where the property is distributed in kind. Where there is a sale of the property the amount received upon the sale controls. Our attention is called to cases decided under the laws of the state of California, the statutes of which are materially different from the statutes of this state. The decisions, therefore, are not helpful in this connection. The error committed was in fixing the value of the state for inheritance-
The amount allowed the attorneys of the executor is also attacked as excessive. The total value of the estate was in excess of $250,000. While the value of the estate does not warrant the allowance of excessive attorney’s fees, it is a factor to be taken into consideration in the determination of a proper amount to be allowed, for to some extent it fixes the responsibility resting upon attorneys. All the evidence offered was to the effect that the charge made by the attorneys for the executor was a customary and reasonable charge. Charges of attorneys, especially in the administration of estates, should be reasonable and just. The evidence introduced by the executor is not met except by way of argument. Upon the facts established, we are unable to say that the trial court was clearly wrong in awarding $3,500, although the amount seems to us, in view of the amount of work done, to be at least a maximum charge.
By the Court. — The decree appealed from is affirmed.