In re Eddy Estate

14 Citing cases

  1. In re Gerber Trust

    117 Mich. App. 1 (Mich. Ct. App. 1982)   Cited 13 times
    Allowing "the reimbursement of attorney fees and expenses from the trust fund where the trustee has successfully defended its own conduct"

    MCL 700.543 [MSA 27.5543], MCL 700.541 [MSA 27.5541], MCL 700.826 [MSA 27.5826], MCL 700.809 [MSA 27.5809]; In re Eddy Estate, 354 Mich. 334 [ 92 N.W.2d 458] (1958); In re Baldwin's Estate, 311 Mich. 288, 314 [ 18 N.W.2d 827] (1945); Detroit Trust Co v Blakely, 359 Mich. 621, 630 [ 103 N.W.2d 413] (1960); In re Grover's Estate, 233 Mich. 467, 473 [ 206 N.W. 988] (1926); Mann v Day, 199 Mich. 88, 97 [165 N.W. 643] (1917); 31 Am Jur 2d, Executors and Administrators, § 534, p 237. "Ms. James argues that attorney fees and expenses may not be awarded in the absence of express authorization by statute or court rule.

  2. Ronnisch Constr. Grp., Inc. v. Lofts on the Nine, LLC

    No. 150029 (Mich. Jul. 26, 2016)

    The plaintiff then would still have the burden to prove the validity of the lien. See Skyhook Lift-Slab Corp v Huron Towers, Inc, 369 Mich 36, 39; 118 NW2d 961 (1963) (stating the plaintiff bears the burden of demonstrating compliance with the statutory requirements necessary for a lien claim); In re Eddy Estate, 354 Mich 334, 348; 92 NW2d 458 (1958) (recognizing that the party seeking attorney fees bears the burden of proving entitlement to those fees). MCL 570.1105(2).

  3. Mansharamani v. Aull (In re Chandu Mansharamani Living Tr.)

    No. 356780 (Mich. Ct. App. Oct. 20, 2022)

    The probate court's decision whether to permit trustee fees will not be overturned on appeal unless the decision constituted an abuse of discretion. In re Eddy Estate, 354 Mich. 334, 347-348; 92 N.W.2d 458 (1958), supplemented on other grounds 356 Mich. 120 (1959) (citation omitted).

  4. Wing v. Parker

    No. 347017 (Mich. Ct. App. Apr. 30, 2020)

    A trial court's decision whether to allow trustee fees will not be overturned on appeal absent an abuse of discretion. In re Eddy's Estate, 354 Mich 334, 347-348; 92 NW2d 458 (1958). MCL 700.

  5. In re Temple

    278 Mich. App. 122 (Mich. Ct. App. 2008)   Cited 209 times   2 Legal Analyses
    Observing that "provided a trustee acts as a reasonable and prudent person with respect to the trust," he or she may retain attorneys to provide advice or assistance with respect to the administration of the trust or to defend a lawsuit involving the trust

    Under prior law, the burden rested on the trustee to prove the reasonableness of both its fees and the fees of counsel. See In re Eddy Estate, 354 Mich 334, 348; 92 NW2d 458 (1958) (trustee, in filing its account with the court, had the burden of proving its claim for legal fees). This is consistent with caselaw placing the burden of establishing reasonableness of attorney fees on the party claiming them when the attorney fees are sought as the costs of litigation or as an element of damages.

  6. In re Irwin Estate

    162 Mich. App. 522 (Mich. Ct. App. 1987)   Cited 6 times

    MRE 401. See and compare In re Eddy Estate, 354 Mich. 334, 351-352; 92 N.W.2d 458 (1958); Becht v Miller, 279 Mich. 629, 641; 273 N.W. 294 (1937); Babbitt v Bumpus, 73 Mich. 331; 41 N.W. 417 (1889). We now turn to Mason's, cross-appellant's, arguments.

  7. In re Baird Estate

    137 Mich. App. 634 (Mich. Ct. App. 1984)   Cited 10 times

    The burden of proof is on the person claiming compensation. In re Eddy Estate, 354 Mich. 334, 348; 92 N.W.2d 458 (1958). The claimant must satisfy the court that the services rendered were necessary and that the charges therefor are reasonable.

  8. In re Thacker Estate

    137 Mich. App. 253 (Mich. Ct. App. 1984)   Cited 13 times
    Noting that the probate court possesses "the broadest discretion to evaluate the worth of the services rendered in light of its experience and knowledge of such matters"

    See, e.g., In re Eddy Estate, 354 Mich. 334, 347-348; 92 N.W.2d 458 (1958). The probate court did not abuse its discretion in refusing to order additional compensation for extraordinary services.

  9. Petterman v. Haverhill Farms

    125 Mich. App. 30 (Mich. Ct. App. 1983)   Cited 50 times
    In Petterman, the Court of Appeals noted that the $9,304 attorney fee that was charged for a claim evaluated at $12,500 raised serious questions regarding the reasonableness of the attorney fee award.

    The burden of proving fees rests upon the claimant of those fees. See In re Eddy Estate, 354 Mich. 334, 348; 92 N.W.2d 458 (1958). When plaintiff challenged the reasonableness of the fee requested, the trial court should have inquired into the services actually rendered by the attorney before approving the bill of costs.

  10. In re Estate of Weaver

    327 N.W.2d 366 (Mich. Ct. App. 1982)   Cited 8 times

    The value of disputed attorney services is a matter vested in the probate court's discretion, and only when there is a manifest abuse of that discretion will such a decision be overruled on appeal. In re Eddy Estate, 354 Mich. 334, 347-348; 92 N.W.2d 458 (1958). We are not convinced that the probate court's decision to value counsel's services at $6,500 constituted a manifest abuse of discretion. It is apparent that the court reflected upon all of the factors pertinent to a proper valuation decision.