In re Claim of Clark

• Decision Date: 05 February 1904
• Citation: 98 N.W. 484,122 Iowa 591
• Parties: IN RE CLAIM OF B. O. CLARK, Appellant, v. M. F. SAYRE, Administrator of the Estate of George R. Sayre, Deceased, Appellee
• Court: Iowa Supreme Court

98 N.W. 484

122 Iowa 591

IN RE CLAIM OF B. O. CLARK, Appellant, v. M. F. SAYRE, Administrator of the Estate of George R. Sayre, Deceased, Appellee

Supreme Court of Iowa, Des Moines

February 5, 1904

Appeal from Greene District Court.--HON. S. M. ELWOOD, Judge.

B. O Clark filed a claim for attorney's fees with the clerk of the district court against M. F. Sayre, as administrator of the estate of G. R. Sayre, deceased. The administrator demurred to the claim, and his demurrer was sustained. Claimant appeals from the ruling.

Affirmed.

B. O Clark and G. S. Toliver for appellant.

J. A Henderson for appellee.

OPINION

DEEMER, C. J.

The claim is for services rendered the administrator by B. O. Clark, an attorney at law. In addition to the formal claim, there is a statement: "That said employment and services were all done at the special instance and request of the said M. F. Sayre, administrator of the estate of George R. Sayre, deceased. That said employment and services and money expended were proper and necessary for the interests of said estate, and even a part of the proper and necessary expenses and costs of said administration. That the said sum of three hundred dollars is a reasonable compensation therefor, and that the said administrator has failed, neglected, and refused to pay for the same, or any part thereof, except, after filing the claim and the service of the notice thereof on him, the said M. F. Sayre tendered and offered to pay said claimant the sum of forty dollars in full of his claim against the estate, which he refused to receive because not sufficient in amount. That no part of said claim has ever been paid, or in any manner satisfied or offered to be paid, except as aforesaid. That said sum of three hundred dollars is a proper, reasonable, and necessary expense and cost in the administration of the estate of the said George R. Sayre, deceased, and is entitled to be paid as a claim for expenses and costs of administration of said estate, and as a preferred claim against the said estate."

The services were rendered the administrator, and not the deceased, and the sole question in the case is whether the claim is one against the estate or against the administrator personally. If the latter, then the suit should have been brought against him personally. If the former, then the court was in error in sustaining the demurrer. There is a manifest distinction between debts of the decedent and liabilities contracted by his personal representative. The former are strictly claims against the estate, while the latter, although in the interest of and on behalf of the estate, is a personal liability of the representative. Of course, disbursements reasonable in amount and for necessary services will constitute a charge in favor of the representative against the estate, but, in the absence of statutory authority, a probate court has no jurisdiction to adjudicate between the personal representative and the claimant. It follows, then, that the estate is not liable to an attorney for his services at the instance of an administrator, but that the latter is himself liable in a suit by the attorney. There is little or no variation in the authorities on these...