The San Francisco call., 1896-12-31

voted to his practice and in part to the busi-
ness of the estate, but he has attended to all
matters of Importance, and his Information
and advice have undoubtedly been OF i'm
portance.
While fully appreciate the excellent SER
vices rendered 1 do not tn ink that they are
fairly worth more than $1,000 per month for
each of the surviving administrators. This l
consider to be proper allowance under the
circumstances; but all that should be allowed,
Notwithstanding the stipulation OF June 3,
1895, by which the three children OF the de-
ceased consented that each of the administra-
tors should receive at that time $25,O
The three surviving administrators are con-
sequently entitled to a further allowance OF
$500 in addition to the amounts heretofore
allowed them, making altogether for each
$22, 500.
According TO the same rate the estate OF Mr.
Bresse would be entitled TO receive about
$1,000 In view of the fact, however, that Mr..
Bresse without doubt worked and worried
himself to his death over the affairs OF the
estate, and that the survivors and the estate
have had the benefit of his extensive informa-
tion, have thought it to be but right 10 recog-
nize his devotion 10 duty by allowing his
widow and children the same amount as
though he had lived TO the end of the special
administration His estate is therefore en-
titled to receive the further sum OF $1,000.
The allowances heretofore made to the ad-
ministrators have exceeded the allowances
made to them for their attorneys. l think
that under the circumstances, each OF the
three attorneys, Messrs. Pierson, Mitchell &
McEnerney, should secure an amount equal
to that granted TO each of the administra tors,
but no more. As attorneys for the admins
traitors these three entlemen have been called
on almost daily TO give advice, make applica-
tions to the court, prepare documents or take
some step in the prosecution or defense OF the
litigation. The court orders alone which
have been granted, each requiring formal
application and hearing, number 3S5. Sixty
suits, counting two proceedings in insolvency,
brought by or against the deceased in his life
time, but not by or against the administrators
after mis- DEATH involving amounts from a few
dollars up 10 millions have required atten-
tion; of these thirty-three have been finally
determined, two against the deceased have
been abandoned oy the plaintiffs and three
against him have been ended with his death.
Numerous depositions have been taken in
the suits affected by the so-called Craven
deeds.
The principal portion of the Office work, in
cluding the preparation of papers, has fallen
TO the lot of Mr.. Mitchell, and the records
under his supervision are unparalleled for sys-
TEN and neatness.
Messrs. Person and McEnerney have at
tended for the most part to the court proceed
ings, with the exception of application for or
ders, which have generally been conducted
by Mr.. Mitchell. The labors have thus been
distributed among the three, and the three
should be considered i'll fixing the compenss-
ton, although Messrs Pierson and Mitchell are
partners.
The administrators are therefore allowed as
fppS n
addition to the amounts heretofore allowed,
making 800, 500 as the total sum which each
attorney shall receive.
The legal services rendered in the matter of
the probate of the VIII, and in the suit of Fair
VS.. Angus involving the validity of the trusts
under the will, are not here taken into ac-
count as services concerning the special ad-
ministr alton.
AS I have already said, 1 consider these
allowances amply, but in view of the fact that
the deceased himself paid and agreed to pay
the sum of $16.S75 for services rendered by
Messrs. Goo1fellow and McEnerney in obtain
ing the dissolution of temporary injunctions
in the two cases yet pending, of the Pacific Gas
Improvement Company VS.. Ellert and Pacific
Gas Improvement Company VS.. Fair, l do not
think that allowance be regarded as ex-
orbitant, or otherwise than just from the
standpoint of the estate.
up to the sum of $52, 500, which, added to the
compensation formerly allowed, makes 9 cost
to the estate for the services here involved OF
a little over one-half OF the amount requested.
1 am not willing TO go beyond this.
The clerk of the court is hereby directed to
cause to be inserted in the final account of the
special administrators or file the compensa-
tion provided for by this opinion.
CHAs. w. SLACK. Judge.
December 80, 1896.
At the time the application for the addi-
tional compensation was made 1t was
generally considered that the amount re-
quested would be granted by Judge Slack
as matter of course, because no opposi-
ton wss suggested by :he heirs, and the
order filed yesterday, as given above, will
come as sad New Years surprise to the
gentlemen interested. 1t may also sur
prise the heirs of the Fair estate.