Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-12-07

John T Pendleton. and as arbitrator oy
consent OF all parties. to award fees IN
the settlement OF the Inman estate case,
late Saturday afternoon completed his re-
port:
His total awards in fees to be paid by
receivers to lawyers and others Is F'i
T74&-
his own services. An award OF $1,000
each 10 Mrs. May Inman Gray and Mrs
Harriet F. Brandon. receivers. who are
also the residuary legatees OF the estate
OF the late Walker p. Inman was also
made
$4,000 VS.. $500.
Rosser & Brandon. attorneys for the re-
cefvers. who presented a claim for S04Sc0,
for services rendered in connection with
the case. were awarded the sum OF SS1'VgV,
less s. 500 which had been previously paid
on account This represents a Reduction
in their claim Of about IS per cent
To John l. Hopkins Sons ana
King Spalding & Little, as at
torueys for the petitioners, he awards
the sum OF $4,000. less $3.50 previously
Maid on account These firms OF lawyers
presented a bill for $500 ms was
reduction OF SEQ in their claim. or "
per cent
To Mrs. Harriet F. Brandon, who pre-
.ented a claim OF 5000. in addition TO her
regular commissions, an award OF A'-o1
was made Her claim was cut Dy the ar
bltrator about At per cent In addition 70
this Mrs Brandon was paid the sum OF
u.afL.3 regular commissions, the same
sum being awarded to James R Gray for
similar services
ABOUT TWICE TOO MUCH.
IT f. considered by those who have fol-
lovved the case from the beginning and
-wFrF ha
that the award made by the auditor
TO Rosser a. Brandon. counsel for receiv-
srx. FOR their services. Is about twice as
much as they were entitled TO. notwith-
standing the cut Of As per cent below
the amount asked for.
Nevertheless. all parties have agreed to
abide By the decision Of the auditor and
the finding will stand il II meets with
the approval. OF course, Of Judge Pen
dleton, who some time ago declared from
the bench that no exOrbitant fees would
be permitted in the case.
with the signing OF the order for fees
by Judge Pendleton all matters connect
ed with the Inman estate will have been
settled.
THE AUDITORS REPORT.
The auditors report follows:
Georgia, Fulton County:
The undersigned having been chosen as
sole arbitrator 10 decide the matters sub
mitted IN the articles Of reference hereto
attached, adjourned the hearing OF the
same matters. which was then in prog
ress before him as auditor, and after
first being duly sworn proceeded in ac-
cordance with said agreement to the con-
sfderation and determination OF the
questions submitted
In the Investigation OF the facts as to
the estate OF W. p. Inman IL appeared
that the executors had received and paid
cut about 5000 that the receivers had
received and paid out. or would pay out
about 81. 10000. that the receivers had and
would turn over TO legatees property in
kind 10 the value Of $4,000, and that the
executors on January 5. 1905 had contract
ed to pay 1850 for legal advice in unliti-
gated matters connected with the admin
Etration. Therefore. had the entire
tate passed through the court of ordi-
nary. with no litigation OF any kind or
character. the fees allowable under the
code Of Georgia TO executors for such ser
vices would have been So 100 for receiv-
ing and paying out 81, $4,000 and $1,000 for
turning over property in kind Of the value
OF $4,000. and the further sum Of $500
counsel fees, aggregating SIS. 800, besides
costs OF court
1t further appeared that the estate had
been most successfully administered IN
der the direction OF the court as is con-
clusively shown by the fact that all OF
the parties interested in the matter were
OF the opinion. at the time the original
petition was filed. that this vast estate
would hardly do more than pay the debts
and specific legacies. and after deduct
ing receivership expenses, leave for the
residuary legatees very little. II any
thing. which proved 10 be a mistake. as
there win be for division between the
residuary legatees property and money TO
the value Of at least $4,000
CONSIDERABLE FRICTION.
II further appeared that in the admin
istration OF the estate there was
considerable friction between the execu-
tors and others interested. which seemed
TO threaten unfortunate consequences to
the estate. However. none OF this proved
In the end to have been very detrimental
TO its best interests. and this is only here
In mentioned TO emphasize the wisdom OF
the court in framing such a splendid or
ganization for considering and present
ing 10 the court TO be passed upon the
matters involved In this large estate.
II also further appeared that the re-
ceivers had very little more than nom
inal connection with the administration
Of the affairs OF the receivership. but
practically all OF the matters were dis
posed OF by and through the attorneys.
all Of whom are entitled to credit for the
successful administration.
In passing upon the questions at issue
lave sought 10 dispose OF same as II
sne receivers were not the residuary leg
atees. and allowed to them such COM
pensatiOn as would have been allowed to
any persons in the same position and not
similarly interested.
After due consideration Of all the mat
tiers submitted I decide and award as
follows:
l. To Messrs. John l. Hopkins & Sons
and Nessrs. King. Spalding & Little. as
attorneys for petitioner in full payment
OF all services rendered in respect TO the
matters and things involved in this liti-
CATION, the sum OF twenty thousand dol
lars fs20.o oo), from which shall be deduct
ed the sum OF 1850 heretofore allowed
SC mem by the court upon account leav-