The San Francisco call., 1896-01-17
MRS, H|NCKLEY'S
INHERITANCE,
The Blythe Millions Dis
tributed to Her at
Last.
JUDGE COFFEY'S DECREE.
Allowing Administrators Com.
missions and Attorneys
Fees.
TWO PROTESTS STRICKEN OUT.
Thirteen Years of Expensive Probate
Litigation Brought to an
End.

application for final distribution, and the
courtroom was crowded with people
anxious to be in at the end.
Gener al Hart was there for the girl who
has had such long legal battle for her
millions. S. w. Holiday was there for
Henry T. Blythe, and he had an answer to
the application, protest against its grant
ing and arguments TO back his claims
G. W. TowIe, similarity equipped, ap-
peared for the Blythe Company. Naph-
taly and Freidenrich, of Naphtaly, Freid-
enrich & Ackerman, came to look out for
their client, ex-Public Administrator ]. c.
Pennie. Attorney Harrison appeared for
the estate of Phillip Roach, who preceded
Pennie as Public Administrator. J. D.
Sullivan represented the present admins
traitor, A. c. Freese, who was also present
and w. A. RiX of plaintiffs counsel made
up the list.
The settlement of A. C. Freese's account
as Public Administrator was first attended
to. The account was a recapitulation of all
money received and expended on behalf
of the estate since Mr.. Freese took charge
and also reca apitulation of receipts and
disbursements since tie beginning of all.
This account was satisfactorily settled
and attention was then turned to the
| com missions to be allowed the Public Ad-
ministrators who have had charge since
Thomas Blythe's death
When the question of commissions first
came up Judge Coffey found that the
method OF computation by which the re-
suit had been arrived at had not been in
corporated in the application for allow
ance and he laid the case over for a couple
of hours until the attorneys could fix up
matters. They all hustled out of court and
| returned on time with their computations
made more lucid. The total asked for was
| $58, All OF.
Attorney Harrison, for the estate of
Roach, asked $50, AGO 43 of this amount.
| Roach had charge of the estate for ten
| years and SIX months. His legitimate
| commissions amount to $24 500 35 and for
some extraordinary work he had been al
| lowed $5951 OF more. Already he has been
! paid $l0,865 and he asked for the re-
mainder.
James c. Pennie, who took charge after
Roach, demanded $19,607 43. He had re-
ceived $5833 u on account. Captain Frees
came next with his demand. He had
earned $8403 % and had been paid $2607 65.
| These commissions we're allowed by
| Judge Coffey after he had done some COM
! putting for himself, and then the question
of the fees of ]. d. Sullivan, attorney for
Administrator Freese, came up. There was
lul! in the proceedings, and then General
! Hart broke the silence. He announced
that Mr.. Bishop of the old firm of CARRIER,
Boalt IL Bishop, Mrs. Hinckley and him
self had given the subject of Mr.. Sullivan s
fee much thought, and among them they
had decided to allow him, "if the court
pleased" $4,000. He had already been
| allowed $4,000 for his legal services, but the
| 1000 decided on was to be in addition to
that former payment.
Judge Coffey then began to take mora
| interest in the proceedings.
"How much did this department allow
Mr.. Wright?" be asked.
''One hundred and twenty thousand dol
| lars" ventured Mr.. Naphtaly.
Wright had been attorney for Philip
Roach and the mention of his fee aroused
the judicial ire. Il said out of this court, "
declared the Judge. II never allowed any
such fee as that"
Then Mr.. Naphtaly announced that
Judge Coffey had allowed Wright the diff
ference between $95, 900 and $4,000. This
was more satisfactory to his Honor, and he
put the amount down. Then he inquired
how much had been allowed from the Pro
bate Court to Mr.. Naphtaly. who, with
Freidenrich and Ackerman, had been at
torneys for Pennle. This sum was stated
to be SIS, 500, though no mention was made
of the fee of $4,000 allowed them by Judge
Levy.
Mr. Roach was in charge for eight
years and Mr.. Pennie for two years." So
liloquized the court land 800 and $25,
/ 600 make $40. 500 expended in attorneys
| fees during that time. Now should | al
low this fee OF $500 it would be $66 50t
for the attorneys for the public admins
traitor who have had charge of the estate
The fact that the client consents to the fee
of S26 900 is not everything, for the Su
preme Court has said that theProbate Judge
in his discretion, may affirm such fee. bu
it is not binding. With this fee of $40, ,0O(
that would make $66, 800 for twelve year!
and half. Will some of you gentlemen
divide that by thirteen? p
"By twelve and half it would make il
about $500 a year." ventured General
Hart.
Opinions among attorneys continued
his Honor, 'have shown me that $4,000
year is reasonable amount for attorneys
fees. Should l award this fee it woulC
bring the fees to about $4,000 more than th'
commissions, and by allowing the extra
$4,000 paid to Roach for extraordinary ser
wees, it would make them over $12,Oo
more. This was never the rule here.
wish to see the plaintiff herself in regare
to these fees, and to have her own testi
mony on the subject of the fee to Mr.
Sullivan. This is no aspersion on the
statement of counsel, but l have made it
rule never to allow these fees without first
hearing the client"
1t was decided that Mrs. Hinckley should
be in court at 4 o'clock this afternoon anC
give such consent as she may choose t.
Sulivans s fee. The Judge intimated thai
her testimony would not interfere with hi.
discretion in affirming her consent, but h,
wanted to hear her evidence anyway.
General Hart had another point h,
wanted to bring up. j. I. Greaney haG
done some work in settling up the Roach
estate and he wished $1,000 Tor it. Thi.
has been reduced to $500, but Judg
Coffey refused to hear the matter at all, fo
it had been included in the account o
Pennie, which was before Judge Levy
and he said it should have been settled
there. At any rate he had no jurisdiction
over it.
Then there was balance of iudgmen
in favor OF Napntaly, Freidenrich &
Alderman worth 10000, and this was al
lowed. This Judgment was the last par
of their big fee of $4,000 which the
Supreme Court affirmed. Then followed
the distribution.
1t was called from the calendar, and G
| w. ToWle arose to address the court, III,