McChesney

The executor has appealed from an order (of the probate court allowing him for the use of the attorney who had previously represented him in the management of the estate a fee of three thousand dollars. During the progress of the administration the executor asked for a substitution of attorneys. At the hearing of this application, Knox, the previously acting attorney for the executor, appeared and asked the court to make an allowance out of the funds of the estate to the extent of the value of the services he had rendered. A substitution of attorneys was ordered, and subsequently thereto the court made the order from which this appeal is taken.

: Appellant makes the point that the order of allowance was made without notice, and therefore without the jurisdiction of the court. But, as against this contention, it may be said that a hearing of the matter was had, an opposition upon the part of the legatees and devisees was filed, and evidence taken. To be sure, this written opposition insisted that the court had no jurisdiction to fix the amount of compensation to be allowed the executor as an attorney’s fee; but such a general claim of want of jurisdiction cannot be supported here…