Garnett v. Carson

Decision Date31 December 1881
PartiesHENRY W. GARNETT, Defendant in Error, v. JAMES O. CARSON, ADMINISTRATOR, Plaintiff in Error.
CourtMissouri Court of Appeals

The circuit court has no jurisdiction to allow a demand against an estate, for professional services rendered after the death of the intestate, by an attorney, at the request of the administrator.

ERROR to the St. Louis Circuit Court, BOYLE, J.

Reversed and dismissed.

CLINE, JAMISON & DAY, with whom is HENRY T. KENT, for the plaintiff in error.

JAMES A. SEDDON, for the defendant in error.

BAKEWELL, J., delivered the opinion of the court.

Plaintiff sued the administrator of John B. Carson, deceased, in the circuit court, for $200, as the reasonable value of services rendered by plaintiff as an attorney, in defending, in the supreme court of the United States, an action commenced against the deceased in his lifetime in the circuit court of the state, which services the administrator had agreed to pay to plaintiff out of the assets of the estate. There was judgment against defendant as administrator. The record presents only this question: whether this demand could be legally allowed against the estate of the deceased. The services were rendered after John B. Carson's death.

The probate court is authorized to allow the administrator, in his settlements, for legal services and advice, in addition to his commission of five per cent. Rev. Stats., sect. 229. It is quite settled that no order of sale of real estate can be made for the costs of administration. Farrar v. Dean, 24 Mo. 16; Presbyterian Church v. McElhinney, 61 Mo. 540. But an allowance for attorney's fees for services rendered after the death of the intestate or testator, is a part of the costs of administration. If this allowance may be made by way of a judgment against the estate, in the circuit court, such a judgment would go down to be classified under the law in the probate court; and, if the personalty failed, the real estate would be sold to satisfy it. Rev. Stats., sects. 146, 191, 209-213. The probate court would be bound, under the statute, to classify this judgment, if it were allowed to stand; and thus the circuit court would acquire jurisdiction concurrent with the probate court, to pass upon the question of what would be a reasonable allowance over and above the commission allowed by law to the administrator for services rendered to the estate at the administrator's request; and, furthermore, these allowances to persons employed...

To continue reading

Request your trial
10 cases
  • Barnes v. Boatmen's Nat. Bank of St. Louis
    • United States
    • United States State Supreme Court of Missouri
    • 10 Febrero 1947
    ...allow such claims. Secs. 220, 224, R.S. 1939; Young and Cullen v. Boatmen's Natl. Bank, Executor, 350 Mo. 1157, 171 S.W.2d 553; Garnett v. Carson, 11 Mo.App. 290; Stephens v. Cassity, 104 Mo.App. 210; Crow Lutz, 175 Mo.App. 427; Hewitt v. Ducan's Estate, 226 Mo.App. 254, 43 S.W.2d 87; In re......
  • Barnes v. Boatmen's Natl. Bank, 40000.
    • United States
    • United States State Supreme Court of Missouri
    • 10 Febrero 1947
    ...Secs. 220, 224, R.S. 1939; Young and Cullen v. Boatmen's Natl. Bank, Executor, 350 Mo. 1157, 171 S.W. (2d) 553; Garnett v. Carson, 11 Mo. App. 290; Stephens v. Cassity, 104 Mo. App. 210; Crow v. Lutz, 175 Mo. App. 427; Hewitt v. Ducan's Estate, 226 Mo. App. 254, 43 S.W. (2d) 87; In re Carli......
  • Brown v. Woody
    • United States
    • Court of Appeal of Missouri (US)
    • 11 Mayo 1886
    ...those in existence at the date of his death.” Presbyterian Church v. McElhaney, Adm'r, 61 Mo. 540; Aubuchan v. Long, 23 Mo. 99; Garnett v. Carson, 11 Mo. App. 290; Ferguson v. Carson, 13 Mo. App. 29; Fenix v. Fenix, 80 Mo. 27. “If the personal estate became insufficient to pay the debts in ......
  • State ex rel. Tempel v. Garesche
    • United States
    • Court of Appeal of Missouri (US)
    • 5 Febrero 1918
    ...... a judgment at law in a circuit court. 2 Woerner on. Administration, sec. 356, p. 819; Garnett v. Carson,. 11 Mo.App. 290; Stephens v. Cassity, 104 Mo.App. 210; Gurnee v. Maloney, 38 Cal. 85; Youngston v. Bond, 69 Neb. 356; State ex rel. ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT