Dl Iorio v. Cantone

• Citation: 144 A. 148
• Decision Date: 09 January 1929
• Docket Number: No. 6552.,6552.
• Parties: Dl IORIO v. CANTONE et al.
• Court: United States State Supreme Court of Rhode Island

144 A. 148

Dl IORIO

v. CANTONE et al.

No. 6552.

Supreme Court of Rhode Island.

Jan. 9, 1929.

Exceptions from Superior Court, Providence and Bristol Counties; Hugh B. Baker, Judge.

In the matter of the final account of John Di Iorio, administrator of the estate of Nunziata Bianco, deceased, opposed by Annie Cantone and others. Order disallowing three items in account, and the administrator brought exceptions. The exceptions were overruled, and the cause remitted to the superior court. Thereafter the superior court granted the motion of the attorney of the objectors, that the attorney's fees and expenses be allowed and ordered paid by the administrator from the funds of the estate, and the administrator excepts. Exceptions sustained, and case remitted, with direction.

Malcolm D. Champlin, of Providence, for appellant.

Uldrich Pettine, of Providence, for appellees.

SWEETLAND, C. J. The above-entitled case is an appeal of the administrator of the estate of Nunziata Bianco, deceased, late of Providence, from a decree of the municipal court of Providence allowing the final account of the administrator as amended by said court, wherein by said amendment the municipal court refused to allow to the administrator payments set forth in the account filed by him. The appeal was heard in the superior court, and the decree appealed from was affirmed. Upon exception this court approved the decision of the superior court, and remanded the cause to that court for further proceedings (140 A. 913). Thereafter the superior court granted the motion of the attorney for the appellees, that the attorney's fees and the expenses of the appellees be allowed by the court and ordered paid by the administrator from the funds of the estate. The superior court directed the payment of those allowances in its final decree, a copy of which was to be certified to the municipal court. To this action of the superior court the appellant administrator excepted and now relies upon that exception before us.

A probate court may allow in the accounts of executors and administrators the reasonable payments of such personal representatives of a decedent, for necessary expenditures and for the fees of their attorneys, as part of the expenses of administration to be paid from the estate. In the absence of statutory authority therefor, probate courts are without power to order payment from the estate of the expenses and counsel fees of claimants, heirs, or distributees who have been parties to adversary proceedings against such personal representatives. We do not find any express statutory authority for the exercise of such power by probate courts. In support of the allowance made by the superior court, the appellees rely upon the provisions of section 14, c. 360, Gen. Laws 1923, which are as follows: "See. 14. In cases contested before a probate court or on appeal therefrom, costs in the discretion of the court may be awarded to either party to be paid by the other, or to either or both parties to be paid out of the estate which is the subject of the controversy, as justice may require." The appellees contend that the word "costs" in that section should...