Aviles

This is an appeal from an order (1) fixing attorneys fees under a contingent fee agreement executed by the beneficiary named in a document admitted to probate as the last will and testament of decedent, Mrs. Sue B. Kerr, and (2) giving the attorneys a lien on the assets of the estate to secure payment of such fees. We have concluded that the trial court correctly construed and applied the agreement, and that its order should be affirmed.

The parties agree that in August 1961 decedent made a *877 will, apparently executing two duplicate originals thereof, in which she provided in pertinent part: “I do hereby designate Almario M. Aviles as my sole heir and beneficiary”; that Aviles become her legal guardian “if and when necessary”; and appointing him as executor. After her death the public administrator found one of the documents, which had been torn across several times and then pasted together with trading stamps; the other was in the hands of Aviles, who before Mrs. Kerr’s death had moved from his former home in San Diego (in the vicinity of Mrs. Kerr’s home) to the San Mateo area. Aviles was not related to Mrs. Kerr.

The public administrator applied for letters of…