Platnauer

Platnauer v. Forni

Good Law
131 Cal. App. 393·1933 Cal. App. LEXIS 736·21 P.2d 638
Court of Appeal of CaliforniaApril 25, 1933Docket No. 4654.California2,470 words

Opinion

lead Opinion

Thompson, J.

This is an appeal from a judgment rendered against the distributee of an estate, for attorney’s fees for services performed with the acquiescence of the executrix, which employment was not completed at the time of final distribution.

The respondent is an attorney at law. He was employed by Alexander F. Forni as an associate counsel with other attorneys in the prosecution of three important civil actions. Pending the trial of these cases, Forni died. His surviving widow, Nettie L. Forni, who is one of the defendants in this action, was appointed executrix of his estate. The respondent did not represent the executrix in the probating of the estate. There is ample evidence to indicate that subsequent to her appointment as executrix of the estate of her deceased husband, Nettie L. Forni ratified the employment of respondent as one of the attorneys in the civil actions and accepted the benefit of his legal services in behalf of the estate; that these actions were terminated favorably to the interest of the estate, but were not completed until after distribution of the estate had been made; that the residue of the estate valued at $200,000 was distributed to the widow of said deceased;…

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