Estate of CARRIE HAZELTINE THOMPSON, Deceased. DON R. LEHMAN, Appellant, v. HOWARD S. CROSBY et al., Respondents
50 Cal. 2d 613 ·
Supreme Court of California · Filed
Published · citable
Cited by 9
Holding
The court held that a testator’s clear and unequivocal direction in a will, providing that an executor who is also an attorney shall be entitled to receive both statutory executor’s fees and statutory attorney’s fees, is valid and must be given effect, overriding the general common law rule prohibiting such dual compensation.
Statutes construed
- CIV § 2229
- PROB § 101
- PROB § 901
Cited by (9)
- ANTHONY PIZARRO, Plaintiff and Appellant, v. MELISSA P. REYNOSO, as Trustee, etc., Defendant and Respondent; KAREN BARTHOLOMEW, Defendant and Appellant; MIGUEL REYNOSO, Real Party in Interest and Respondent (2017) 10 Cal. App. 5th 172
- Estate of LAURA NORTON BROWN, Deceased; FIRST WESTERN BANK AND TRUST COMPANY, as Trustee, etc., Petitioner, v. BEVERLY BROWN, Individually and as Guardian ad Litem, etc., et al., Objectors and Appellants; DOUGLAS BROWN et al., Claimants and Respondents (1962) 199 Cal. App. 2d 274
- Estate of AUGUSTUS LOSING HART, Deceased. FRED B. HART, as Administrator, etc., Petitioner and Appellant, v. LILLIAN A. WORTHINGTON et al., Objectors and Respondents (1962) 204 Cal. App. 2d 634
- Estate of GEORGE EDWARD BARNHART, Deceased. EDWARD J. CUMMINGS, as Executor, etc., et al., Objectors and Appellants, v. PATRICIA CHALGREN et al., Claimants and Respondents; STATE OF CALIFORNIA, Claimant and Appellant (1964) 226 Cal. App. 2d 289
- MARY NICKEL LOMBARDI, Plaintiff, Cross-defendant and Appellant, v. MARSDEN S. BLOIS, as Trustee, etc., et al., Defendants, Cross-complainants and Respondents; MARSDEN S. BLOIS, as Trustee, etc., et al., Plaintiffs and Respondents, v. MARY NICKEL LOMBARDI et al., Defendants and Appellants (1964) 230 Cal. App. 2d 191
- Estate of VICTORIA A. McKENZIE, Deceased. UNITED CALIFORNIA BANK, Petitioner and Respondent, v. MARGARET IVES LEONARD et al., Objectors and Appellants (1966) 246 Cal. App. 2d 740
- Estate of ALTA C. GUNDELACH, Deceased. R. R. MORELAND, as Administrator With the Will Annexed, etc., Petitioner and Respondent, v. STATE OF CALIFORNIA, Claimant and Appellant (1968) 263 Cal. App. 2d 825
- Estate of THEODORE SCARBOROUGH PETERSEN, JR., Deceased; PHILIP H. ANGELL, as Trustee, etc., Petitioner, v. PAUL PETERSEN, a Minor, etc., Objector and Appellant; THEODORE SCARBOROUGH PETERSEN III, a Minor, etc., et al., Claimants and Respondents (1969) 270 Cal. App. 2d 89
- Estate of GEORGE EDWARD BARNHART, Deceased; PATRICIA (CHALGREN) BABCOCK, Petitioner and Appellant, v. OSCAR E. WATSON et al., Objectors and Respondents (1969) 272 Cal. App. 2d 768