Clifton

This is an appeal from an order directing Security Pacific National Bank, 1 as executor of the estate of Elma C. Korthe, to pay $20,000 in attorney’s fees out of the assets of the entire estate to Eric A. Rose, attorney of record for five residuary legatees, based upon a finding that this was the reasonable value of services rendered in preservation of a common fund.

*574 Facts

On July 2, 1963, decedent executed a will leaving her estate to 32 named beqgficiaries and designating Security First National Bank (Security) as exeputor. On December 30, 1963, decedent executed a will which purported to revoke all earlier wills and which left the preponderance of her estate to Edwin and Marion Barrett, husband and wife. The December 30 will named Edwin Barrett executor.

Decedent died August 22, 1967, leaving an estate valued at approximately $140,000. On September 8, 1967, Security filed a petition seeking admission to probate of the July 2 will; the will was admitted to probate October 2, 1967; letters testamentary were issued to Security October 5, 1967.

On November 17, 1967, Barrett filed a petition seeking revocation of the July 2 will and of the letters testamentary,…