Estate of Lanza

Gerald Lipsky for Objector and Appellant.

Stanley N. Gleis for Petitioner and Respondent.

ROTH, J.

The Bank of America National Trust and Savings Association (Administrator) appeals from an order of the probate department of the Superior Court of Los Angeles County, awarding J. Everett Blum (respondent) $50,000 as extraordinary attorney's fees.

Lanza died October 7, 1959. Administrator was appointed April 6, 1960.

On January 30, 1961, Administrator filed a petition and was granted an order authorizing the appointment of respondent as tax counsel for Lanza's estate. The petition set forth:

"That the decedent, Mario Lanza, during his lifetime, employed J. Everett Blum, as tax counsel; ..." and "That it has been necessary for the Petitioner to seek the advice of said J. Everett Blum, as tax counsel, with regard to various tax matters concerning the estate of decedent; that said tax counsel has negotiated with both State and Federal tax authorities on behalf of your petitioner, ... that it will be necessary for the Petitioner to continue to engage the services of said J. Everett Blum, as tax counsel."

Services rendered to Lanza by respondent prior to Lanza's death were…