Estate of Iser

This is an appeal by C. W. Baker and B. Platnauer, attorneys for John Gerber, as one of the executors of the last will of Conrad Iser, deceased, from an order allowing said attorneys a fee “for extraordinary services” professionally rendered by them for said Gerber, as such executor.

It appears that Adam Keller, coexecutor with said Gerber of the last will of said Iser, deceased, brought an action in the superior court in and for the county of Sacramento, against said Gerber, as such executor, upon two' claims against the estate of said deceased aggregating the sum of $10,380, of which the sum of $10,140 was for services for nursing the deceased during the last few years of his life, he being aged and an invalid during said years, and the sum of $240 was for “looking after and attending to the business and financial affairs of the decedent.” The appellants were employed by Gerber to represent him, as the executor of the will of the deceased, in said action.

The trial of the action resulted in a judgment in favor of Keller in the sum of $5,070, or $5,310 less than the amount for which he sued. A motion for a new trial was in due time made and the same was denied. An appeal from…