Sheehan

John F. Forbes & Co. v. Sheehan

Good Law
102 Cal. App. 3d 365·162 Cal. Rptr. 393·1980 Cal. App. LEXIS 1494
Court of Appeal of CaliforniaFebruary 21, 1980Civ. No. 47237California1,942 words

Opinion

Lead Opinion

Takei, J.

*367 Opinion

A coexecutor of an estate had his firm hired to do the accounting services required by the estate. The trial court held that such self-dealing is not compensable. We reverse because Probate Code section 902 authorizes payment.

B. L. Haviside died in 1973; his will appointed three executors for his estate. One of them, Dawson, had been an employee of Haviside between 1947 and 1964, at which time Dawson took a position with John F. Forbes & Company, the appellant. Forbes & Company had prepared Haviside’s personal income tax returns from 1962 to 1972 and the tax returns of Haviside’s corporations from 1964-1967. Forbes was hired by the coexecutors to perform routine accounting services for the Haviside estate. At that time Dawson was a partner in Forbes & Company.

In late 1976 the coexecutors petitioned the court for authorization to pay John F. Forbes & Company approximately $30,000 in accountant’s fees in addition to somewhat more than $2,000 which they had already received on account. The respondent here, Elizabeth Sheehan, a daughter of the decedent and residuary beneficiary under his testamentary trust, filed objections which resulted in the revelation that the…

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