Bank of America National Trust & Savings Ass'n v. Taylor, Taylor & Taylor

This is an appeal from an order settling the first and final account and report of the executor and fixing payment of the ordinary fees of the executor and attorneys for the executor and ordering final distribution under the will of Ralph Lucksinger.

Chronology

i. Testator died December 28, 1953.

ii. At the time of his death section 901 of the Probate Code read in part as follows:

iii. By an amendment to section 901 of the Probate Code, effective September 7, 1955, the fee schedule was increased as follows:

iv. Section 910 of the Probate Code reads as follows:

v. On September 14, 1955, the executor filed its first and final account and petition for ordinary fees of the attorneys for the executor.

vi. On October 11, 1955, the probate court settled the first and final account and ordered payment of ordinary fees for the attorneys for the executor calculated in accordance with the provisions of section 901 of the Probate Code in effect at the time of decedent’s death. (See ii., supra.)

Question

In fixing the ordinary (statutory) fees of attorneys for the executor, should they be predicated upon the statute in effect at the time of settlement of the account and making of the…