In Re Yaryan's Estate, in Re
| Citation | 200 So. 539,146 Fla. 193 |
| Parties | In re YARYAN'S ESTATE. YARYAN v. WATSON. |
| Decision Date | 18 February 1941 |
| Court | Florida Supreme Court |
Rehearing Denied March 6, 1941.
Proceeding in the matter of the estate of Josephine M. Yaryan, deceased wherein E. C. Watson prayed for allowance of a reasonable attorney's fee for his services rendered and to be rendered to the executors under the will of the deceased. The county judge entered an order allowing petitioner a fee of $6,887.50, and both the petitioner and Homer Lee Yaryan residuary legatee under deceased's will, appealed therefrom to the circuit court. From a decree of the circuit court allowing petitioner a fee of $7,500, Homer Lee Yaryan appeals.
Affirmed. Appeal from Circuit Court, Pinellas County; T Frank Hobson, judge.
Baker & Ulmer, of Clearwater, for appellant.
Bradley & Wehle, of St. Petersburg, for appellee.
This appeal is from the following appellate order of the Circuit Court:
'This is an appeal from the County Judge's Court of Pinellas County, Florida, Honorable Jack F. White, County Judge, taken in conformity with Section 53 of The Probate Act, Acts 1933 c. 16103, and brings for consideration an order entered by said County Judge upon an application made pursuant to Section 158 of The Probate Act for allowance of attorney's fees in an administration proceeding.
'The petitioner, E. C. Watson, an attorney practicing at the bar of this Court, prayed for allowance of a reasonable attorney's fee for his services rendered and to be rendered to the Executors under the will of Josephine M. Yaryan, deceased; the respondent Homer Lee Yaryan is the residuary legatee under said will and the only person interested, all other devises and bequests having been paid; the County Judge heard the petition and the testimony of the parties and entered his order allowing a fee of $6,887.50 to the petitioner; both petitioner and respondent, being aggrieved by said order, have appealed therefrom, petitioner as appellant and respondent as appellee and cross-appellant.
'The appeal was heard on briefs filed by the parties and there was also considered the transcript of testimony, the opinion of the County Judge in support of his order and all of the probate files, including copy of the will, the first annual report, the petition for partial distribution and order of partial distribution.
'On consideration of the record this Court is of the opinion that the County Judge erred in his said order of allowance, and that the sum of Seven thousand five hundred Dollars ($7,500.00) is a proper and reasonable amount to be allowed and paid the petitioner by the Executors for all services rendered and to be rendered by him in said administration proceedings down to final discharge, including the preparation and filing of estate tax returns, the Executors to be credited upon such amount by the sum of $2,500.00 heretofore paid petitioner.
'It is accordingly ordered that the said order of the County Judge of Pinellas County, Florida, entered on the 4th day of May, 1940, in proceedings then pending before him in the Matter of the Estate of Josephine M. Yaryan, deceased, be and the same hereby is reversed and the proceedings are remanded to said Court for entry of an order in conformity herewith.
'Cost of this appeal are ordered to be borne equally between the parties and to be fixed and allowed by the lower court upon application of either party after notice to the other.
'Done and ordered at St. Petersburg, Florida, this 4th day of October, A. D. 1940.
'T. Frank Hobson
'Judge of the Sixth Judicial Circuit of Florida, Sitting on Appeal.'
The estate was 'appraised at approximately...
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