Opinion
Gen. No. 43,717. (Abstract of Decision.)
Opinion filed May 7, 1947 Rehearing denied May 22, 1947 Released for publication May 22, 1947
ESTATES OF DECEDENTS, § 553 — right of attorney to recover fees from estate. In action to recover compensation for professional services alleged to have been performed by plaintiff lawyer under oral agreement with defendant administratrix, held that former was not entitled to recover from latter for services in connection with deceased's estate, particularly in view of his having taken inconsistent position by filing petition in probate court for allowance of fees, and fact that he did not sustain burden of proof which rested on him (Ill. Rev. Stat. 1945, ch. 3, par. 337; Jones Ill. Stats. Ann. 110.434).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. ERWIN J. HASTEN, Judge, presiding.
Reversed and remanded with directions. Heard in the third division, first district, this court at the April term, 1946.
Myer H. Gladstone, for appellant;
Dempsey, Mills Casey, for appellee;
Lawrence C. Mills, of counsel.
Not to be published in full. Opinion filed May 7, 1947; rehearing denied May 22, 1947; released for publication May 22, 1947.