325 Mass. 136 | Mass. | 1949
On September 23, 1947, Frank Wilson was
The only items in the account now under attack are a payment of $200 to an accountant named Max Hymans and a payment to the special administrator of $3,500 for his services as such.
It appeared that the payment for services to the accountant included payment for services rendered during the lifetime of Max Brown. By G. L. (Ter. Ed.) c. 193, § 14, a special administrator may be granted leave by the Probate Court after notice to pay such debts due from the deceased as the Probate Court may approve. In the absence of such leave such payments may be contested at a hearing on his account. Brackett v. Fuller, 279 Mass. 62. In this case such leave was not obtained. But the evidence shows the preparation by the accountant of numerous tax and other returns, and conferences with various persons aggregating ten hours. The accountant was familiar with the affairs of the deceased. There was evidence that one result of his work was the receipt of a tax refund of about $345. The work was continuous, and the amount payable for services rendered to the deceased does not appear. We find no error in the allowance made for the services of the accountant. See King v. Grace, 293 Mass. 244, 251, 252.
We next consider the services of the special administrator himself. He was a lawyer of experience, specializing in probate cases. He was authorized by the Probate Court to take charge of the real estate, collect the rents, and maks necessary repairs. G. L. (Ter. Ed.) c. 193, § 11. There were six tenants in the building. The special administrator
The appeal opens for our consideration on the whole record the amount of compensation to be allowed the special administrator. King v. Grace, 293 Mass. 244, 251. Bearse v. Styler, 309 Mass. 288, 291. Richardson v. Wolcott, 323 Mass. 693, 695. After full consideration of the circumstances and giving due weight to the decision of the judge, we are of opinion that a charge of $2,000 would be just and reasonable.
The result is that the decree allowing the account must, be reversed. A new decree is to be entered, modifying the account in schedule B by reducing the item of $3,500 for the services of the special administrator to $2,000, by adding to schedule C an item of $1,500, and by allowing the account as thus modified.
So ordered.