The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-05-10
TEN THOUSAND At STAKE
Counsel for the Montgomery
Estate Argue for a Fee
of $4,000.
SPECIAL LABoRs THE PLEA
The Administrative Says That the
Amount Asked For Is $4,000
Too Much.

An interesting conference between Pro-
bate Judge Coffey and the attorneys and
others interested in the Montgomery estate
took place yesterday over the amount to
be awarded for executors commission and
counsels' fees. The estate which was re-
Gently settled after an administration last
ing since November, 1898, is valued at about
2,400, 900. The counsel fee demanded is
$4,000.
Those represented at the conference, be-
side the court, were: Executors w. +.
Goad and A. W. Foster; Attorneys Platt &
Baynes and Rodgers & Paterson for the
executors and RussellWilson of Wilson &
Wilson for the administrative.
Upon the statement of the demand OF
$50, COO for counsel fees Executor Goad ex-
:pressed himself as entirely satisfied with
the labors of counsel, which had been en-
HANGED by exceptional circumstances. He
estimated the commission of the executors
at about $4,000.
The two firms of attorneys, which the
large interests involved had made it neces-
sary 20 employ, presented statements OF
services, to one OF which was appended the
note:
The above statement gives but faint idea of
the services performed in connection with the
estate. Practically the entire time OF Mr..
Bayne since the probate of the will has been
consumed in the performance OF legal services
in connection with said estate, and about hall
the time of Mr.. Platt has been taken up in the
same matter The latter has made a number
OF trips to Fresno, MADEIRA, Martinez, Oakland
and san Diego in attending upon suits con-
.nected with said estate. Mr.. Bayne has made q
trip to San Jose to attend a trial OF a similar
suit in said city. The estate consisted largely,
at the death OF Mr.. Montgomery OF promissory
notes secured by mortgages upon lands in
many counties of the State. There were q
number OF suits pending upon similar causes
OF action at the time of the death of Mr.. Mont
.gomery. The result OF such a condition of the
estate has been that very perpleXing legal
questions have been of daily occurrence, many
OF them involving points OF law by no means
settled either by statute or decisions. The at
.tOrneyS OF the estate have therefore been com
PEELED TO spend hours and days in long con-
situations among themselves, in almost in
Vulnerable consultations with the executors
and with debtors OF the estate and in the eX-
animation of lengthy abstracts OF property IN
the several counties W here mortgaged property
q. was situated.
The written statements of counsel were
supported by oral statements to the same
effect, which were attentively listened to
by the court. Finally Judge Coffey turned
to the attorney for the widow and ad-
ministratrix:
What do you think, Mr.. Wilson, as to this
plea for $50 1000?
are willing TO allow $40 900, although / do not
wish in any way TO take exception TO the very
satisfactory work done by the attorneys OF the
estate.
The court am little embarrassed, too.
The fee asked appears in excess of that
granted for attorneys work in other estates OF
magnitude. For instance, in the Charles
Crocker estate, valued at $24, 142 ,474, the fees
allowed were $40, 900; in the Nicholas Luning
estate value 81, 245 ,0S3, the fees were $500;
Fair estate, IS ,O96, $40 fees 500, 900; Charles
81 ,
Daniel l. Murphy, So, 04 1910, fees SIS, 204;
Maria T. Coleman, s., 022, $50, fees $9250;
James P. Treadwen, $1,05S, 1882, fees $500
Horace Halves
Here his Honor stopped to draw breath,
and Attorney Wilson intimated. in miti-
CATION that his firm had received $51. 600
fee from the estate of Kate Mclaughlin,
valued at over So, 100000.
''Then there was the estate of William
Irvine continued the court, ''in which a
$30,000 fee was allowed. That was COM
plicated estate very much like this one.
"0f course" meditated his Honor
. slowly, this is a peculiar case" Continu-
ing he said:
The administration of no one estate is ever
exactly like another. But there have been re-
lieving circumstances. For instance, there has
not been SO much beating OF drums before a
jury as in others and many concessions have
been made by the administrative TO facilitate
tratrix says she is willing to allow fee oil
$4,000.
We will let the matter stand over until to-
morrow. gentlemen,