In re Estate of Kruger

These are separate appeals by the residuary legatees and devisees under the will of W. H. Kruger, from the order of court fixing the attorney’s fees of the attorney of *392 the executor, and ordering payment of the amount from the funds of the estate.

J. L. Merguire, an executor of the estate of W. H. Kruger, presented his fifth annual account, and at the same time tendered his resignation as executor, to take effect upon its settlement. He also petitioned the court to determine the compensation to which he was entitled. Due notice was given of the hearing of all these matters; a hearing was had, the account settled, and the compensation of the executor fixed. Thereupon Merguire presented an application to the court setting forth that as executor he had employed J. M. Walling, attorney at law, on behalf of himself and his eo-exeeutrix, as their attorney at law in the matter of the estate; that Walling had rendered valuable services to the estate, for which he had been compensated only in part, and that such services had been rendered upon an agreement between himself and Walling that the amount of the latter’s compensation should be determined and fixed by the court. He,…