The San Francisco call., 1906-11-25
DEMAND FOR FEES
RAISES A ROW
Claim of Lawyers Against
Haywood Estate Produces
a Battle Royal in Court
FINE POINT INVOLVED


Superior Judge Kerrigan has under
consideration perculiar question Of
law relative to the payment of fees in
matters of litigation. 1t was submit
ted to him last Friday. when a spirited
battle took place before him in the
matter of the estate OF Franklin Hey
wood. 1t was over the claim of Powell
Dow TO be allowed attorneys fees
against the estate. The claim was op-
posed by Timothy J. Lyons for the
daughter of decedent. by j. B. Rein
stein and W. P. Johnson for the widow
and Sullivan & Sullivan and T. J. Roche
for a nephew and niece.
Powell & Dow asked to be paid for
work done in opposing the claims of
the widow and daughter. alleging that
they had performed their labor as at
torneys for the executors. The counsel
opposing them say that Powell & Dow
were the attorneys for the brothers
and sisters of decedent, and their op-
position to the widow and daughter
was the interest OF those brothers
and sisters who were made bencfici-
aries with the daughter under Hey
woods will. Such being the state of
facts. argued opposing counsel. Powell
& Dow's fees should be paid by their
clients. and could not be taken out
Of the funds of the estate; that as at
torneys' for the executors they could
not be recognized, the executors duties
being TO stand neutral. and the law
prohibiting Powell & Dow from ap-
pearing in two differing capacities at
the same moment of time.
OPINION OF COURT
Judge kerrigan said that il they
could be allowed anything on the
theory that they were attorneys for
the executor, it could only be for a
small proportion of the value of the
services rendered and that the ma jor
part, IL not the most of their fee,
should be paid by their clients-the
brothers and sisters. The Judge then
called on Powell & Dow to state what
amount of their fee they claimed
should be paid by the estate, and the
answer came $500"
w. p. Johnson. for the widow. being
asked by the court his views as TO the
sum demanded, said it took his breath
away: that IL counsel had asked one
tenth Of $500 he would have been sur
prsed and would have considered it
excessive. He thought that in law they
Hlad no claim at all against the estate.
but il they had the sum of $500 would
be the highest possible amount which,
in justice, could be awarded them.
Timothy j. Lyons. the daughters at
torney, argued that the demand Of
$500 was the most preposterous ever
urged in the courts of this city. which
had been many times scandalized by
unconscionable attempts OF certain pro-
bate practitioners to conf1scate the es-
tates left to widows and orphans.
LYONS Quotes DECISION
Lyons referred TO q decision OF the
Supreme Court that Superior Judges
had no right to be liberal with the es-
tates of dead men. and should resist
attempts OF this kind by attorneys. All
the opposing attorneys called the
courts attention to the injustice Of the
proposition that the widow and daugh-
ter should be compelled to pay their
counsel out of their own pockets, while
parties opposed TO them could have
their attorneys fees paid out OF the
estate by the simple device of employ
ing the executors attorneys. The ef-
feet OF this was TO compel the widow
and daughter TO actually pay the at
torney's fees of their adversaries.
Many questions still remain TO be liti-
gated by the widow before the estate
can be settled. and Lais attempt of the
executors attorneys is viewed with
alarm by the daughter, as enormous
fees may be claimed in the future by
! these attorneys unless the court shall
now decide in such way as to make
the attempt impossible. Judge Coffey' S
views and rulings in matters OF this
/ kind are well known. and Judge Kerri-
gans decision is therefore awaited with
/ interest by the parties affected