Hatfield
Hatfield v. Superior Court
Opinion
lead Opinion
Finch, J.
This is an original application for a writ of review whereby petitioner prays for the annulment of an order of the respondent court setting aside its decree settling the final account and distributing the estate of Henrietta Kaiser, deceased.
Petitioner ivas the attorney for George Kaiser, the executor of decedent’s last will. As such attorney, petitioner conducted all the legal proceedings in the administration of the estate and prepared and filed a final account and petition for distribution, which the executor duly verified. The final account credits the executor with $802.69 as attorney fees and the same amount as commissions of the executor. These commissions and fees were computed upon the value of the estate as set forth in the final account, consisting of cash in the sum of $27,169.83 and other property of the value of $100. The "court settled the account as presented and distributed the estate, in accordance with the terms of the will, in equal shares to George and Alexander Kaiser, the sons of decedent.
The decree of distribution was entered June 5, 1922. On the sixth day of October, 1922, George Kaiser and Alexander Kaiser filed notice that on the sixteenth of that…