Beverly McConnell v. Estate of W. H. Butler, Oscar Strobel, Trustee of the Estate of E. W. Reynolds Company v. Estate of W. H. Butler

The above appeals were consolidated for argument. They both arose out of the Estate of E. W. Reynolds Company, bankrupt.

appeal by McConnell, attorney FOR TRUSTEE

No. 22,188.

No. 22,188, McConnell v. Estate of Butler, is an appeal by McConnell, the attorney for the trustee in the bankruptcy. The appeal is from an order of the district court affirming the referee on a petition for review of an order allowing her fees for legal services.

The sole question presented is whether the findings of the referee were clearly erroneous.

McConnell was appointed counsel for the trustee in bankruptcy on August 5, 1963. On October 4, 1966, on her petition for a fee of $30,000 she was awarded by the referee the sum of $8,000 for her legal services to the trustee. On petition to review the referee’s order the district court sustained the referee. We affirm.

The single largest creditor of the E. W. Reynolds estate in bankruptcy was Gladys Reynolds Butler, Executrix of the Estate of W. H. Butler, deceased. Mrs. Butler, in her representative capacity, was a leading objector to the claims of McConnell but not the sole objecting creditor. We are not concerned with the designation of the Estate of…