Can an attorney enforce a contract with the executors of a deceased person?

California, United States of America


The following excerpt is from Hatch v. Bush, 215 Cal.App.2d 692, 30 Cal.Rptr. 397 (Cal. App. 1963):

In Chapman v. Pitcher (1929) 207 Cal. 63, 276 P. 1008, the trial court sustained a demurrer, without leave to amend, to a complaint alleging a contract between an attorney and the executors for services to be rendered by him to them and the estate. In affirming the action of the trial court, the appellate court pointed out that prior to 1905 the attorney had no claim that he could enforce against the estate as he was not a person interested in the estate. But, by the amendments in that year of sections 1616 and 1619, Code of Civil Procedure (the substance of which now appears in section 911, Probate Code) the attorney now has an an interest in the estate to the extent of his compensation for services rendered to the administrators and the estate. The court then pointed out that the attorney had failed 'to observe the procedure prescribed by statute, which is necessary to establish a claim or demand against an eatate of a deceased person, nor was an action commenced against the estate to establish the demand, here attempted to be enforced by personal action against the defendants.' (p. 69, 276 P. p. 1011.)

Other Questions


Is a contract that specifically provides for attorney's fees and costs incurred to enforce the contract enforceable? (California, United States of America)
What is the test for enforceability of a written contract where the contract states that the parties intended to enforce the terms? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Is a plaintiff's attorney fees recoverable as costs under a contract where the contract provides for an award of attorney fees? (California, United States of America)
What is the legal test for an attorney to enforce a contract in which a client is entitled to an attorney's compensation? (California, United States of America)
Can a person who is not a party to a contract still enforce the contract? (California, United States of America)
Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)
What is the test for enforceability of a contract where the contract does not meet the reasonable expectations of the opposing party? (California, United States of America)
What is the "reasonable person" standard in determining whether a person is a reasonable person? (California, United States of America)
Does a court have jurisdiction to award attorney fees from a contract for sale where there is no action on the contract? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.