Freese

I concur in the judgment; on the ground last discussed by Mr. Justice Garoutte. I do not think the learned judge of the probate court could have used his own judgment as to the sum to be-allowed, for there is nothing in the record which would *471 justify as a matter of discretion the allowance of so large a sum. The court properly allowed the sum agreed to hy the party who must pay it.

Courts have no right to be liberal with the money of other people, and should be careful that fees allowed for trust estates are no larger than would be paid for like services by those who are competent to contract for themselves.

James C. Pennie, having acted as administrator de bonis non of the estate of Thomas H. *468 Blythe, deceased, from May, 1889, until his death in December, 1893, his executor, James C. Pennie, Jr., the defendant herein, was cited in this proceeding to account for his testator’s administration of the estate of Blythe. In answer to this citation he rendered an account of such administration, in which he claimed a credit for his testator for fees paid and to be paid to Messrs. Naphtaly, Freidenrich & Ackerman, for legal services rendered in the matter of the estate of Blythe during the term of his testator’s administration thereof. The only question as to the credit claimed related to the amount thereof, and that question was submitted to the court, on evidence of the services rendered by said legal firm, including expert testimony as to the value of such services. The court allowed and ordered paid from the-estate of Blythe the sum of eighty thousand dollars, and this appeal is from that order.

There was no conflict of evidence, either as to the amount of the services or the value thereof. The disinterested expert witnesses as to the value of the services were all eminent attorneys…