Estate of Goodrich

Appellants state the case as follows:

From the portion of the order and decree disallowing the full amount paid for the services of the attorney the appeal has been taken by the executors.

A brief historical review of the statutory regulation of the fees and expenses allowed executors and administrators is considered not inappropriate.

By an act passed April 22, 1850 (Stats, of i860, p. 396), the legislature provided in section 220 thereof that an executor or administrator “shall be allowed all necessary expenses in the care, management and settlement of the estate and for his services such fees as the law provides, ’ ’ etc.

Section 222 of the same act prescribes the commissions to be allowed the executor when no compensation is provided by the will or when the executor renounces all claim thereto and provides that an administrator shall be entitled to the same commissions.

In 1851 (Stats, of 1851, p. 476) said section 220 was reenacted, as was also said section 222, except that the rate of commission was reduced.

On the adoption of the codes in 1873 said section 220 became section'1616 and said section 222 became section 1618 of the Code of Civil Procedure.

There was no…