The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-07-14
Kowalsky's Claim in the
Chester Estate
AS EXECUTORS ATTORNEY
He Considers $4,000 to $40, 900 &
Reasonable Sum.
OTHER LAWYERS DON'T THINK so
Much Dispute in Court as to What
Three and Half Years Continuous
Service Is Worth.

Matters connected with the muchly liti-
gated estate of Edwin S. Chester, deceased,
came up again before Judge Levy yester-
day.
1t was the application OF the admins
traitor. Arthur Everett Ball, for se!tleme mt
of his account, and the application Of ID. l.
Kowalsky tor fee for his services to the
estate as attorney for the administrator.
The petition of Mr.. Ball was not sub
jected TO much opposition, but there was
trouble enough when the consideration of
howalsky's fee came up for discussion.
The courtroom was full Of attorneys rep
resenting claimants against the estate and
other interested parties. Ex-Judge S. c.
benson, ex-Supreme Justice Van r. Pat
erson, Attorneys Fredenrich and Burke
Holiday all took an active interest in the
proceedings
Kowalsky had filed an account of all
that had been done of legal nature since
the estate first came into court, three and
a half years ago, up to the present time.
He took the stand in his own behalf, and
declared that through his judicious man
agement of suits that had been instituted
both by the estate against individuals and
also by individuals against tue estate, ha
had raised the value of the property to its
present condition, S142, 0O0. He had been
obliged to appear in court on matters con-
nected with the estate on an average at
least once a week during the past three
and half years.
what do you value your own services
at. Mr.. Kowalsky?" asked Judge Levy.
"At anything from $4,000 to $50, 000."
was the reply.
Burke Holiday subjected the stalwart
attorney to rigorous cross-examinatio
on the various items of his account, and
asked him if it was not true that he was
attorney for the widow, now Mrs. Jennie
Roberts, as we'll as for the administrator,
and whether most Of these alleged services
were not performed as private attorney
for such widow. and not as attorney for
the administrator?
II am asking no fee for services per-
formed for Mrs. Roberts," was Kowal-
sky's rejoinder. That is a matter with
which neither you nor this court has at
present anything to do. Nothing is charged
in that account except for services per-
formed for the estate as attorney for the
administrator"
Asked IL he had made any arrangements
to ''divy" with Mr.. Ball. Kowalsky said
he had. Mr.. Ball had helped him out with
his work. He himself knew nothing about
mining, but Ball did; and when it became
necessary to visit the mines Ball went up
at his (Kowalsky's) request. Witness
offered to give Ball one-third of whatever
fees he received from the estate.
you have received some $1,000 or $4,000,
have you not?"
Yes. have"
And have you given Mr. Ball his
share?"
why. certainly. 1 have" Mr.. Bal
nodded assent.
horace G. Plat was called to testify as
an expert in such matters. He was exam
ined by Kowalsky, who stated his case and
asked him what he considered q fair fee
Mr.. Plat replied that he thought about
So, 500 a fair amount for tbs services
named.
Cross-examined by Mr.. Friedenich Mr.
Plat said that if. as claimed by the op-
Donents to this petition, the Idewild
mining shares were not of the value they
were represented to be, and the estate In
place of being worth $4,000 was only
worth half that amount, such knowledge
would cause him to take off little from
his estimate of a reasonable attorneys
fee. In such a case, he thought about
SO, 600 a reasonable sum.
Cross-examined by Burke Holiday, Mr..
Plat said it made no difference to him
who the attorney was so long as his work
was satisfactorily done. 1t might be the
leader of the bar or STRIPPING OF practi-
TONER, for all he cared. Nor did he care
whether the attorney also performed SER
| vices for the widow of the deceased per-
son. So long as an attorney performed GER
tain valuable services IN connection with
and in the interests of an estate, he was
entitled to any sum those services were
reasonably worth.
The hearing of Kowalsky's petition will
be resumed this morning. A motion to
permit the compromise of the various suits
pending against the State, some of which
are before the Supreme Court, was denied
by Judge Levy.
cHOII III n HAVE KNONyN 1T