Grove v. Reynolds

• Decision Date: 17 February 1903
• Citation: 71 S.W. 1103,100 Mo. App. 56
• Parties: GROVE v. REYNOLDS.
• Court: Missouri Court of Appeals

71 S.W. 1103

100 Mo. App. 56

GROVE v. REYNOLDS.

Court of Appeals at St. Louis, Missouri.

February 17, 1903.

INSANE PERSONS—ESTATE—LIABILITY FOR ATTORNEY'S FEES.

1. The estate of an insane person cannot be charged with attorney's fees for services rendered the guardian, unless it affirmatively appears that the services were necessary or for the benefit of the estate.

Appeal from circuit court, Butler county; Jas. L. Fort, Judge.

Action by L. D. Grove against Jesse Reynolds. Judgment for plaintiff in the circuit court after an appeal from the probate court, and defendant appeals. Reversed.

On December 15, 1900, plaintiff filed in the probate court of Butler county the following demand against the estate of Laura J. Hildebrand:

"The Estate of Laura J. Hildebrand, to L. D. Grove. Dr. Apr., 1900. To Att'y fees for services as attorney in case in the circuit court of Butler county of C. C. M. Hildebrand as curator of the estate of Laura J. Hildebrand v. Jesse Reynolds et al. and settled at the June term of said court, 1900, $75.00.

"State of Missouri, County of Butler, ss.: L. D. Grove, being duly sworn according to law, says that to the best of his knowledge and belief he has given credit to the estate of Laura J. Hildebrand, deceased, for all payments or offsets to which it is entitled on the demand above described, and that the balance there claimed is justly due. L. D. Grove.

"Subscribed and sworn to before me this 15th day of Dec., 1900. Witness my hand and official seal. D. B. Deem, Judge of Probate. [L. S.]"

The demand was allowed by the probate court. From the judgment allowing the demand defendant appealed to the circuit court. On a trial anew in the circuit court the issues were submitted to the court on the following agreed statement of facts: "It is agreed by and between the parties hereto that prior to the presentation of the demand by plaintiff in the probate court, and while C. C. M. Hildebrand was acting as the duly appointed guardian and curator of the person and estate of Laura J. Hildebrand, an insane person, said C. C. M. Hildebrand employed plaintiff to institute a suit in the circuit court for said C. C. M. Hildebrand, as the guardian and curator of said Laura J. Hildebrand, the object and purpose of which was to obtain a partition of real and personal property, as shown by the pleadings filed and made a part of this stipulation; that said suit was dismissed by said C. C. M. Hildebrand; that said C. C. M. Hildebrand was removed as guardian and curator of the person and estate of said Laura J. Hildebrand by the probate court, and defendant appointed as guardian of the person and curator of the estate of said Laura J. Hildebrand; that said C. C. M. Hildebrand never at any time turned over any fund belonging to the estate of said Laura J. Hildebrand to defendant; that the demand of...