Brock

This is an appeal from portions of an order settling respondent’s final account as executor of the *865 estate of the late Mrs. Beiraeh which awarded extraordinary-fees to certain of the executor’s attorneys. The principal point advanced is that the services were rendered not on behalf of the estate but for the benefit of respondent in his individual capacity. (Estate of Murphey, 7 Cal.2d 712, 716 [ 62 P.2d 374 ].)

Appellants are respondent’s sisters, all concerned being Mrs. Beiraeh’s children. She died testate in December of 1961, her will providing that 50 percent of her estate be given to respondent and 25 percent each to the appellants. An inventory and appraisement was duly returned and filed by respondent; it showed a valuation of $71,113.28. Some five months later, in August of 1962, appellants made complaint against respondent under section 613, Probate Code, requiring him to inventory property additional to that set forth in the inventory. Therein it was alleged that respondent, as a result of fraud and undue influence exercised by him upon decedent, had obtained other property and money by gift from his mother which properly belonged to her estate; that these…