Estate of Spires

The appellants are executors of the last will and testament of Mary H. Spires, deceased. As such executors they filed their “petition as executors for allowance for fees for extraordinary services” rendered by them in the course of administration of the estate. The executors being dissatisfied with the amount of the allowance made to them by the court, appealed from the order by which the amount of such allowance was determined.

Mrs. Spires died on the third day of January, 1924, and her will was admitted to probate on the twenty-third day of that month. The petition of the executors claiming a fee for extraordinary services was filed on the seventeenth day of March, 1930. Respondent Frazier, a legatee under the will, objected to the malting of an allowance in the sum asked for by the executors, her objection being based upon grounds hereinafter stated. The issue having been tried and submitted the court made its order, which was filed on the fifth day of February, 1931. Section 1618 of the Code of Civil Procedure, as in force at the time of the death of Mrs. Spires, provided that an executor should be allowed certain stated commissions and in addition thereto provided as…