Hill

Hill v. Morisoli

Good Law
1967 Cal. App. LEXIS 1571·252 Cal. App. 2d 805·60 Cal. Rptr. 813
Court of Appeal of CaliforniaJuly 25, 1967Civ. No. 24329California1,309 words

Opinion

Lead Opinion

Taylor, J.

On this appeal by the administratrix of the estate of the decedent from an order directing her to pay $250 for legal services rendered to the public administrator and $12 costs of filing his unsuccessful petition, the only question is whether the court abused its discretion.

The facts are not in dispute. The decedent, Frederico Morinini, also known as Fred Morinini, a resident of Monterey County, died intestate on May 27, 1966, leaving considerable property. At the time of his death, all of his heirs, including his surviving spouse, were residents of Switzerland.

Respondent, the Public Administrator of the County of Monterey, after contacting appellant, the sister of the surviving spouse, took possession of the decedent’s property, pursuant to sections 422 and 1140 of the Probate Code (the perti *807 nent portions of which are set forth below). 1 At that time, appellant agreed that respondent should apply for letters of administration and respondent retained Elwood J. Wilson as attorney to file the necessary petition and give notice of the hearing and other matters as required.

On June 29, 1966, Wilson received a telephone call from appellant’s attorney who indicated that he…

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