The Virginia Law Register Volume 11

The Virginia Law Register Volume 11

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ... the law creates an equitable lien, in favor of the attorney, on the fund l')r_ese"ed, for his services, even though the Common Council of Ivmclllester did not expressly contract that the attorney should be Paid for his services. Were not this so, the City of Winchester would have been Powerless to emplov counsel to represent her when her interest under the Handley will was assailed, because it is iczncefdedfhflt she had no right to employ counsel to representiher h a "_1gI1 Jurisdiction, and to be paid out of the revenue derived ypubhc. taxation. Trustees who in good faith engage 001111561 to aid them in the execution of the trust are entitled to pay them out of the trust fund. (-'ochran. v. R. (C1 A. R. R., 91 Va. 339. In Guggenheimer v. Rogers, 95 Va. 711, the trustee paid an attorney a fee out of the trust fund for his services in protecting the same, and his action was approved by the Circuit Court and the Court of Appeals. In Thomas v. Tu-rner's Admr., 87 Va. 1, the contract of a prominent and able lawyer (Capt. Fitzpatrick), was held 11-val-id and annulled, but the court, speaking through Judge Lewis, said we think a reasonable fee ought to be allowed for protecting the trlltit estate against the claims asserted against it, and that an allowance of $5,000 to be paid out of the corpus of the estate; is reasonable and ample. This allowance in Thomas V. TW'"" 'was made on the basis of an implied contract. Vide I dem, p. 23 I think, in this case, the complainant has an equita-ble lien on the Handley fund, in whosesoever hands it may be, for his services rendered in preserving said fund after a proper employment by the city of Winchester, as trustee under the will of John Handley, more

Product details

  • Paperback | 418 pages
  • 189 x 246 x 22mm | 744g
  • United States
  • English
  • black & white illustrations
  • 1236918568
  • 9781236918567