The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-07-20
A FIGHT ABOUT FEES.
t. j. Lyons Pilipg on Objections In Il
Fuller Estats.

T. j. Lyons PiliDg on Objections In the
Fuller Estats.
Judge Coffey spent yesterday listening to
the arguments on the 81 objections of Tim
othy j. Lyons to the final account of Mrs.
Margaret ii. Fuller as executTix of the eS-
tate of the will of w. 7. Fuller, late of
the firm of Whittier & Fuller. Lyons is
the courts appointed attorney to guard the
interests of TWO minor heirs and daughters,
and although there has not been the slight
est dissatisfaction among them, and the In
terests of the young ladies have been fully
protected by their mother, acting ia the ca
pacity of executrix, yet Mr.. Lyons feels
it incumbent upon him TO file and prosecute
these objections. which are largely technical.
a. u. Booth, the attorney representing
the estate, maintains that the account is
correct and had been approved by Mr..
Lyons. No objection was manifested until
the eXecutriX gave cut thai She would not
pay him his expected tee OF $4,000 for what
services he may have rendered the heirs.
MT. Lyons responded to this that he had
rested in silence under this charge for some
time, but If Mr.. Booth persisted in making
ii he would ask to be placed on the witness
stand Judge Co1fey counseled him 10 con-
tinue his policy of silence, as that would
hasten the completion of the account
A long discussion ensued as to the form
Of the account, and the court confessed 10
some bewiderment. as the report contained
five pages of typewriting and the objections
u While glancng over the account his
Honor noticed one item showing that At
t9rney LYONS had received retainer" out
of the estate amounting O. $500 and that he
had failed to make any objection to it.
''Were yOu retained in this case?" asked
the Judge.
81 think that is a misuse of the word,
your Honor" was the reply.
We'll" said the court, that must be
subject Of proof hereafter"
Another item showed the payment Of SIS
for clerical work in his official capacity to
Secretary Cofiruth, who is under salary in
that capacity for the Judges of the Superior
Court.
There was also q long discussion over
$4,000 paid to attorneys for defending the
suit by W. T, Whittier against The executrix
to compel her to sell him her husbands in
tereSt in the firm of Whittier Fuller 81 Co.
Lyons insisted that The fee should have
been paid by young Fuller, because he had
purchased his fathers Interest in the firm,
and il was for his benefit that the suit had
been defended, while Mr.. Booth MAIN
tanned that the suit had been brought
against the estate before the transfer OF the
interest was made.
At the afternoon session Judge COffey
0Yerru led all the objections of a legal char
acteT. considering Then: in the nature of a
demurrer 10 the suf1iciency OF the account.
Nj. Booth had confessed, however, that the
account did not 20 into details of transac-
tons. but these could ba affiTmatively and
fully explained by oral testimony, and, with
this object in view, Mrs. Fuller was called
to the witness-stand and questioned for the
remainder OF the afternoon regarding the
items in her account.
Al bottom, however, il would seem that
the controversy resolves itself into Ques-
ton OF the fees of Lyons and the other at
tOrneys engaged in the Whittier-Fuller liti-
CATION. The inquiry may last several days