[DOWNLOAD] "Flatt v. Norman Et Al." by Supreme Court of Montana ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Flatt v. Norman Et Al.
• Author : Supreme Court of Montana
• Release Date : January 07, 1932
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

1. Executors and administrators — Expenses — Traveling. Traveling expenses necessarily incurred in performing duties of trust are allowable to administrator. 2. Executors and administrators — Burden of proving expenses. The burden is on the administrator to establish his right to expense and no travel expense should be allowed when the matter can as well be attended to by mail. Here traveling expenses were properly disallowed. 3. Executors and administrators — Hiring attorney residing elsewhere. Even though administrator has right to employ counsel residing elsewhere than where estate is being administered, he may not by so doing increase expense to estate. 4. Executors and administrators — Rental of administrators property. Where automobile and wearing apparel belonging to decedents estate were stored in garage of administratrix for five years and property was appraised at $75 and was subsequently sold for $30, administratrix was not entitled to claim $123.75 as rental of garage for five-year period. 5. Executors and administrators — Administratrix must exercise diligence. Administratrix and court are duty bound to exercise highest diligence and to limit expenditures with wise prudence and economy, and have no right to be liberal with money of heirs of dead man nor any right to incur, or to allow, any item of expense which would not be incurred by a prudent man in proper management of his own affairs. 6. Executors and administrators — Attorneys fees properly disallowed. The litigation here was not beneficial to the estate or beneficiaries and court properly disallowed attorneys fees and expenses. 7. Executors and administrators — Time of payment of attorneys fees. Court in a proper case, and particularly when attorney has been dismissed from further service, may allow fees for his services before final settlement, but withholding allowance of attorneys regular fee in advance of a final accounting by administratrix was proper here under circumstances. 8. Executors and administrators — Increasing assets of estate — fees. Administratrix may not by a matter of bookkeeping increase assets of estate on which to base compensation for services under statute.

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