Estate of Riviere

Appeal from an order allowing respondent an attorney’s fee for certain services rendered the executor before and after appointment.

One Louis Riviere died in 1905, leaving an estate exceeding $50,000 in value, before which time he had executed a paper writing purporting to be his last will and testament, in which one Bachmann was named as executor. This will was offered for probate by the executor, who employed respondent, an attorney, for that purpose. A contest was filed by parties interested in the estate, and upon a hearing the will was admitted to probate and letters testamentary issued to Bachmann. Thereupon respondent, upon an affidavit and showing as to services rendered in the proceedings connected with the probate of the will, and their value, moved the court in which such proceedings were pending for an order under section 1616, Code of Civil Procedure, as amended, and section 1619, Code of Civil Procedure, for an allowance to himself of a just and reasonable compensation for extraordinary services rendered as attorney to said executor in the defense of the contests so instituted. This application, on June 5, 1906, the court denied giving respondent, however, the privi…