Estate of Boyer

This is an appeal from an order of the trial court fixing the fees of a special administrator upon the rendition of his final account and within one year following the admission of a will to probate. The only question to be determined is whether the court had jurisdiction to fix the fees within the time stated.

The point to be settled depends upon the construction of certain sections of the Code of Civil Procedure. As originally enacted in 1872, section 1417 provided merely for the rendition of accounts by special administrators. The section was amended in 1907 by adding a sentence to the effect that a special administrator “is entitled to a reasonable compensation for Ms services, to be fixed by the court at the time of the settlement of his final account.” The section was recast in 1921 by the introduction of much new matter, but the verbiage of the amendment of 1907 was then omitted. The only language of the amendment of 1921 which bears upon the point presented on this appeal is to the effect that the fees of a special administrator “shall be fixed by the court; provided, however, that the total fees paid to the special administrator and executor, or to the special…