Madsen

Fred B. Hart, administrator of the estate of Augustus Loring Hart, deceased, has appealed from an order of the superior court directing the payment of attorneys’ fees previously set by the court.

*632 In 1957 pursuant to a petition of Fred B. Hart, administrator of the estate of Augustus Loring Hart, deceased, a hearing was held on the matter on September 10, 1957. At the conclusion of the hearing the court determined that the fee for extraordinary services for the attorneys for the administrator would be $2,500. The formal decree was filed on November 26, 1957. The order contained no provision directing payment of the fee for extraordinary services. An appeal was taken by Hart from this order. (See Estate of Hart, 167 Cal.App.2d 499 [ 334 P.2d 588 ].) Among the issues raised was the propriety of the act of the court in setting the fees for extraordinary services. It was also argued “that the services of the attorney in the civil action had not been completed and that, therefore, the court was without power to fix the fees in advance of the completion of the work.” (Estate of Hart, supra, p. 505.) These contentions were rejected by this court. (Estate of Hart, supra.)

No…