Welsh
Welsh v. Pennie
Opinion
lead Opinion
Covet, J.
Philip A. Roach, deceased, died while administrator of the estate of Thomas H. Blythe; and James C. Pennie succeeded him as such administrator. Afterwards, Pennie brought a suit in equity in the superior court against the executor of said Philip A. Roach for an accounting of the acts and doings of said Roach as such administrator; and on January 15, 1891, a judgment was rendered in said suit, in which it was adjudged, among other things, that the estate of Roach be allowed the sum of ninety-five thousand dollars as a counsel fee for the services of John A. Wright, rendered to said Roach as such administrator, and that Pennie pay the same out of the money's of the estate of said Blythe to the executor of said Philip A. Roach. This judgment was affirmed on appeal to this court. (Pennie v. Roach,, 94 Cal. 515 .) Afterwards, Elizabeth G. Welsh (present executrix of the will of said Philip A. Roach) and said John A. Wright made a motion in the probate court for an order that Pennie, administrator of the estate of said Blythe, deceased, pay to the said executrix for the use and benefit of said Wright the said sum of ninety-five thousand dollars, with interest thereon from the fifteenth…