Estate of ESTHER ROYCE TRYNIN, Deceased. RICHARD W. ECKARDT et al., Petitioners and Appellants, v. MARCIA D'ESOPO et al., as Co-administrators, etc., Objectors and Respondents
49 Cal. 3d 868 · S008320
Supreme Court of California · Filed
Published · citable
Cited by 8
Holding
The court held that Probate Code section 910 authorizes an award of attorney's fees from a decedent’s estate for time reasonably spent in establishing and defending the attorney’s own claim for compensation, concluding that such "fees on fees" are a necessary component of full and fair compensation for probate work and that denying them would ultimately harm estates by discouraging attorneys from undertaking necessary services.
Statutes construed
- CCP § 1021
- CCP § 1021.5
- CCP § 1235.140
- CCP § 1268.610
- CIV § 1717
- GOV § 12965
- GOV § 91003
- PROB § 469
- PROB § 910
Cited by (8)
- ESTATE OF ABRAHAM L. GUMP, Deceased. WELLS FARGO BANK, as Trustee, etc., Petitioner and Appellant, v. ROBERT L. GUMP et al., Objectors and Respondents (1991) 1 Cal. App. 4th 582
- Estate of DAN K. STEVENSON, Deceased. KENNETH G. PETRULIS, as Administrator, etc., Petitioner and Appellant, v. WILLIAM C. WILKS, Objector and Respondent (2006) 141 Cal. App. 4th 1074
- HEIDI J. KASPERBAUER et al., Plaintiffs and Appellants, v. WILLIAM D. FAIRFIELD, Defendant and Respondent (2009) 171 Cal. App. 4th 229
- Estate of DENNIS WONG, Deceased. DONNA WONG, as Executor, etc., Petitioner and Appellant, v. PETER BRESLER, Claimant and Respondent (2012) 207 Cal. App. 4th 366
- LINNEA RYDBERG GOLDBERG et al., Plaintiffs and Appellants, v. FRANK A. FRYE III et al., Defendants and Respondents (1990) 217 Cal. App. 3d 1258
- Estate of CONRAD NICHOLSON HILTON, Deceased. MYRON E. HARPOLE et al., Petitioners and Appellants, v. CONRAD N. HILTON FOUNDATION, Objector and Appellant; DANIEL E. LUNGREN, as Attorney General, etc., Objector and Respondent (1996) 44 Cal. App. 4th 890
- Estate of EVELYN J. CONDON, Deceased. MICHAEL R. CONDON et al., Petitioners and Appellants, v. CAROLINE M. McHENRY, Objector and Respondent (1998) 65 Cal. App. 4th 1138
- PATRICIA HOLLAWAY, as Cotrustee, etc., Plaintiff and Respondent, v. LINDA EDWARDS, as Cotrustee, etc., Defendant and Appellant (1998) 68 Cal. App. 4th 94