Hibner v. Wilson (In re Wilson's Estate), No. 15,459.

CourtSupreme Court of Nebraska
Writing for the CourtROOT
Citation83 Neb. 252,119 N.W. 522
Docket NumberNo. 15,459.
Decision Date23 January 1909
PartiesIN RE WILSON'S ESTATE. HIBNER v. WILSON ET AL.

83 Neb. 252
119 N.W. 522

IN RE WILSON'S ESTATE.
HIBNER
v.
WILSON ET AL.

No. 15,459.

Supreme Court of Nebraska.

Jan. 23, 1909.



Syllabus by the Court.

[119 N.W. 522]

H. in his report as administrator of an estate claimed compensation for services. Said item was allowed in part and the remainder of his account approved. H. gave notice that he would appeal from the order diminishing his said claim and gave a bond which referred solely thereto. Held, that the transcript filed in the district court did not bring up the entire account for review.

H., being an attorney at law, performed legal services in the administration of said estate. Held that, if such services were necessary for the proper administration of said estate and beneficial thereto, the court in its discretion might allow the administrator reasonable compensation therefor.

For services rendered by H. in a business way, such as collecting rents of real estate, paying taxes thereon, insuring property and attending to repairs, it was within the discretion of the court, if the evidence established that such services were extraordinary, to allow H. a reasonable compensation.

In the district court the claim should have been tried without the assistance of a jury.

Sheedy v. Sheedy, 36 Neb. 373, 54 N. W. 560, distinguished.


Appeal from District Court, Lancaster County; Cornish, Judge.

Proceedings for the settlement of the account of George E. Hibner, administrator of the estate of William W. Wilson, deceased. The allowance of the amount claimed by the administrator for services was contested by J. R. Wilson and others, impleaded with Jennie L. Shuster and others, and, from the judgment of the district court, J. R. Wilson and such others appeal. Reversed and remanded.

Reese, C. J., and Dean and Rose, JJ., dissenting.

[119 N.W. 523]

W. E. Stewart and Hall, Woods & Pound, for appellants Jennie L. Shuster and others.

Robert Ryan, Mockett & Mattley, and John M. Stewart, for other appellants.


Tibbets & Anderson, for appellee.

ROOT, J.

This is an appeal from a judgment of the district court allowing plaintiff compensation for his services as administrator of the estate of William W. Wilson, deceased.

1. The estate consisted of two farms, three business buildings in the city of Lincoln, and choses in action amounting to $13,000, consisting of bank credits and promissory notes. Plaintiff claimed $2,775 for extraordinary services rendered in a business capacity and $2,000 fees as an attorney at law. The county judge allowed plaintiff but $2,000 for attorney fees and extraordinary services, and otherwise approved his account. Plaintiff thereupon gave notice of appeal “from the order of the court of June 26, 1906, in which the court fixes the compensation of this administrator for services rendered at two thousand dollars ($2,000), and the said George E. Hibner, administrator, prays the court to fix appeal bond on such appeal.” The bond recites that the appeal is from the action of the court on Hibner's claim for compensation. It is claimed by the heirs that the district court should have submitted to the jury every contested item in the administrator's account, whereas plaintiff claimed, and the district court held, that the record presented for consideration only the question of plaintiff's compensation. The appeal only transferred to the district court the controversy over the administrator's compensation. Although such claim was but part of the account, yet it was segregated as to subject-matter and form. The remainder of the account relates to alleged disbursements by the administrator, and inquiry concerning the legality thereof would not involve a consideration of the value of the administrator's services or the amount that he should be allowed therefor. If the heirs were dissatisfied with the action of the county court, they could have appealed generally and presented their complaints to the district court. St. Paul Trust Co. v. Kittson, 84 Minn. 493, 87 N. W. 1012. The contrary view has been taken by the Supreme Court of Michigan in Shower's Estate v. Morrill, 41 Mich. 700, 3 N. W. 193, but the position of the Minnesota court appeals to us as better supported in reason and more likely to facilitate the transaction of business in our district courts. Ribble v. Furmin, 69 Neb. 38, 94 N. W. 967, and 71 Neb. 108, 98 N. W. 420, cited by defendants, does not rule the instant case. In the cited cases a belated creditor sought to have time extended so that he might file a claim against an estate. The county court denied the request, and, on appeal to the district court, the order of the county court was vacated, and permission given the creditor to file his claim in the lower...

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20 practice notes
  • Richardson v. Warner (In re Warner's Estate), No. 30538.
    • United States
    • Supreme Court of Nebraska
    • October 27, 1939
    ...issue presented by the appeal is one for the court, and should not be submitted to a jury.” Again, in the case of In re Estate of Wilson, 83 Neb. 252, 119 N.W. 522, there was presented the question of proper compensation for an administrator, and the court, while not unanimous on other ques......
  • In re Warner's Estate, 30538.
    • United States
    • Supreme Court of Nebraska
    • October 27, 1939
    ...presented by the appeal is one for the court, and should not be submitted to a jury." Again, in the case of In re Estate of Wilson, 83 Neb. 252, 119 N.W. 522, there was presented the question of proper compensation for an administrator, and the court, while not unanimous on other quest......
  • Craven v. Shoults, No. 11089
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 8, 1938
    ...N.W. 1130; Hazlett v. Moore's Estate, 89 Neb. 372, 131 N.W. 589; In re Hentges' Estate, 86 Neb. 75, 124 N.W. 929; In re Wilson's Estate, 83 Neb. 252, 119 N.W. 522; Smullin v. Wharton, 83 Neb. 328, 119 N.W. 773, 121 N.W. 441; Gund v. Ballard, 80 Neb. 385, 114 N.W. 420; In re Creighton's Esta......
  • Tyler v. Reynolds, No. 8669.
    • United States
    • Supreme Court of West Virginia
    • June 14, 1938
    ...195 N.W. 1005; In re Ryan's Estate, 117 Wis. 480, 94 N.W. 342; In re Mabley's Estate, 74 Mich. 143, 41 N.W. 835; In re Wilson's Estate, 83 Neb. 252, 119 N.W. 522; Griffith's Estate, 96 Pa. Super. 242; Alexander v. Bates, 127 Ala. 328, 28 So. 415; Clark v. Knox, 70 Ala. 607, 45 Am.Rep. 93. I......
  • Request a trial to view additional results
20 cases
  • Richardson v. Warner (In re Warner's Estate), No. 30538.
    • United States
    • Supreme Court of Nebraska
    • October 27, 1939
    ...issue presented by the appeal is one for the court, and should not be submitted to a jury.” Again, in the case of In re Estate of Wilson, 83 Neb. 252, 119 N.W. 522, there was presented the question of proper compensation for an administrator, and the court, while not unanimous on other ques......
  • In re Warner's Estate, 30538.
    • United States
    • Supreme Court of Nebraska
    • October 27, 1939
    ...issue presented by the appeal is one for the court, and should not be submitted to a jury." Again, in the case of In re Estate of Wilson, 83 Neb. 252, 119 N.W. 522, there was presented the question of proper compensation for an administrator, and the court, while not unanimous on other ques......
  • Craven v. Shoults, No. 11089
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • June 8, 1938
    ...N.W. 1130; Hazlett v. Moore's Estate, 89 Neb. 372, 131 N.W. 589; In re Hentges' Estate, 86 Neb. 75, 124 N.W. 929; In re Wilson's Estate, 83 Neb. 252, 119 N.W. 522; Smullin v. Wharton, 83 Neb. 328, 119 N.W. 773, 121 N.W. 441; Gund v. Ballard, 80 Neb. 385, 114 N.W. 420; In re Creighton's Esta......
  • Tyler v. Reynolds, No. 8669.
    • United States
    • Supreme Court of West Virginia
    • June 14, 1938
    ...195 N.W. 1005; In re Ryan's Estate, 117 Wis. 480, 94 N.W. 342; In re Mabley's Estate, 74 Mich. 143, 41 N.W. 835; In re Wilson's Estate, 83 Neb. 252, 119 N.W. 522; Griffith's Estate, 96 Pa. Super. 242; Alexander v. Bates, 127 Ala. 328, 28 So. 415; Clark v. Knox, 70 Ala. 607, 45 Am.Rep. 93. I......
  • Request a trial to view additional results

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