279 Mass. 49 (1932), Moushegian v. Sheppard

Citation:279 Mass. 49
Party Name:GARABED N. MOUSHEGIAN v. WILLIAM T. SHEPPARD, executor.
Case Date:March 31, 1932
Court:Supreme Judicial Court of Massachusetts
 
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279 Mass. 49 (1932)

GARABED N. MOUSHEGIAN

v.

WILLIAM T. SHEPPARD, executor.

Supreme Judicial Court of Massachusetts, Middlesex.

March 31, 1932

March 10, 1932.

Present: RUGG, C.

J., CROSBY, WAIT, SANDERSON, & FIELD, JJ.

Probate Court, Jurisdiction, Decree. Executor and Administrator. Attorney at Law. Supreme Judicial Court.

A probate court has jurisdiction under G.L.c. 215, Section 39, to allow a petition by an attorney at law against the executor of a will to have determined and ordered paid an amount due him for services rendered, at the request of the respondent previous to his appointment as executor when he learned that there was to be a contest of the will, such services being in preparation and conduct of the case in support of the will, in extended proceedings in the Probate, the Superior, and the Supreme

Judicial courts and in procuring the appointment of the respondent as special administrator pending the determination of the litigation, which resulted in the proof of the will and the appointment of the respondent as executor: such services were "rendered . . . in connection with the administration of the estate" within the terms of the statute.

PETITION, filed in the Probate Court for the county of Middlesex on July 3, 1931, and described in the opinion.

In the Probate Court, the petition was heard by Campbell, J. Material facts found and rulings made by him are stated in the opinion. The petition was dismissed. The petitioner appealed.

R.B. Walsh, for the petitioner. M.J. Cohen, (F.F. O'Donnell with him,) for the respondent.

SANDERSON, J. This is a petition filed in the Probate Court by an attorney at law under G.L.c. 215, Section 39, for services alleged to have been rendered in connection with the administration of the estate of a deceased person. From a decree dismissing the petition the petitioner appealed.

The statute was first enacted in 1915 (St. 1915, c. 151, Section 6). The part material to this case is in these words: "Probate courts may ascertain and determine the amount

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due any person . . . for services rendered any person in connection with the administration of the estate of a deceased person . . . and payment of said amount when ascertained and determined to be due may be enforced summarily by said court upon motion of the person to whom the amount is due in the same manner as a like payment under a decree in equity may be enforced, and execution may also be issued therefor against the executor . . . personally as upon a judgment at law."

The judge of probate made a report of facts in the following terms: "William T. Sheppard was the person named executor in the last will of one Ellen M. Holden...

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