Opinion
Nos. 46067, 46079, 46103.
December 17, 1976.
Executors and administrators — award of interest on judgment setting compensation — propriety.
Warren Spannaus, attorney general, and The Bush Foundation separately appealed from an order of the Ramsey County District Court, Otis H. Godfrey, Jr., Judge, ordering the executors of the estate of Archibald G. Bush to pay out certain funds in satisfaction of judgment together with interest thereon. Affirmed.
Warren Spannaus, Attorney General, Richard G. Mark, Assistant Solicitor General, and Stephen F. Befort and Christine M. Luzzie, Special Assistant Attorneys General, for appellant attorney general. Gray, Plant, Mooty Anderson and Edward J. Callahan, Jr., for appellant foundation.
O'Connor Hannan, Joe A. Walters, Frank J. Walz, and Charles D. Reite, for respondents.
Considered and decided by the court without oral argument.
This is an appeal by the attorney general and The Bush Foundation from an order of the Honorable Otis H. Godfrey, Jr., Judge of the District Court, Ramsey County, ordering that the First Trust Company of St. Paul and the coexecutors of the Estate of Archibald G. Bush pay out certain sums of money in satisfaction of judgments entered December 27, 1973, together with interest thereon from that date.
These judgments were previously affirmed. In re Estate of Bush, 304 Minn. 105, 230 N.W.2d 33 (1975). The issue of interest on those judgments was neither before nor decided by the court in that opinion.
Under the statutes in force at the time this estate was probated, representatives and attorneys for the estate were to be allowed "such compensation * * * as the [probate] court shall deem just and reasonable." Minn. St. 1971, § 525.49. See, also, Minn. St. 1971, § 525.515. The district court had equivalent authority to determine compensation in a de novo trial in exercise of its jurisdiction over appeals from the probate court. See, Minn. St. 1971, § 525.71(15), 525.72, 525.73; In re Estate of Bush, 304 Minn. 105, 230 N.W.2d 33 (1975). The power to determine reasonable and just compensation included authority to award interest on a judgment setting compensation for representatives and attorneys.
Much of the procedure was modified or repealed with the adoption of the Uniform Probate Code by L. 1974, c. 442, and L. 1975, c. 347.
Affirmed.
MR. CHIEF JUSTICE SHERAN took no part in the consideration or decision of this case.