Estate of Mallory

The appellant, as executor of the Estate of Jennie Rittenhouse Mallory, Deceased, in the course of administration of her estate, made payment to himself of the sums of $1,000 and $5,514.75, upon verified claims which had been presented to and approved by the court, which sums the executor claimed were due him for services as attorney at law rendered by him under a contract with the decedent, a copy of which contract was appended to and formed a part of the claims as presented to the court.

The 'record on appeal shows that prior to April, 1923, the decedent was the widow of one Frederick Eugene Mallory and legatee under his will. Part of the assets of his estate was a block of 1700 shares of Ohio Fuel Supply Company stock, the income and dividends from which he had devised to said widow for and during her life. During the early part of 1923 the Ohio Fuel Supply Company declared a one hundred per cent stock dividend, which was claimed by the widow as her individual property, but said claim was resisted by the heirs of the deceased husband. The widow consulted with the appellant here regarding her rights to the dividend, and entered into a contract with him on September 7, 1923, by…