Ronan v. Naumkeag Trust Co.

Massachusetts Supreme Judicial Court

Ronan v. Naumkeag Trust Co.

282 N.E.2d 686, 361 Mass. 892

CourtMassachusetts Supreme Judicial Court

DecidedMay 3, 1972

StatusPublished

Cited by3 cases

This text of 282 N.E.2d 686 (Ronan v. Naumkeag Trust Co.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ronan v. Naumkeag Trust Co., 282 N.E.2d 686, 361 Mass. 892 (Mass. 1972).

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Opinion

This is a petition for attorney’s fees and expenses filed in the Probate Court under G. L. c. 215, §§ 39A and 39B, and requesting the court to direct payment thereof from the estate of one Patrick J. Lynch “generally or as the Court may determine.” The petition alleges that the petitioner rendered services and incurred expenses in connection therewith concerning a petition for instructions filed by the Naumkeag Trust Company, trustee under the will of said Patrick J. Lynch. The transcript on the petition for instructions is before us, but in connection with the instant petition the transcript is not before us. A decree was entered denying the petition from which decree the petitioner appeals. The judge made a report of material facts. He found “that the services rendered by . . . [the petitioner] were services rendered for the benefit of the respondents for whom he appeared” and “that the expenses and services rendered by . . . [the petitioner] should be paid for by his clients who retained him to represent them.” The judge also found that the testimony of one of the respondents represented by the petitioner in the hearing on the petition for instructions “did not render any benefit for or in connection with the administration of the estate of [the aforementioned] Patrick J. Lynch.” The petitioner represented only two of the “some forty beneficiaries” listed as respondents in the trustee’s petition for instructions. We see nothing wrong in the judge’s findings. Contrary to the petitioner’s contention, we.are of opinion that the report of material facts supports the decree. There was no abuse of discretion. See Miller v. Stern, 326 Mass. 296, 300-304; Lane v. Cronin, 345 Mass. 52, 54.

Decree affirmed.

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This is a petition for attorney’s fees and expenses filed in the Probate Court under G. L. c. 215, §§ 39A and 39B, and requesting the court to direct payment thereof from the estate of one Patrick J. Lynch “generally or as the Court may determine.” The petition alleges that the petitioner rendered services and incurred expenses in connection therewith concerning a petition for instructions filed by the Naumkeag Trust Company, trustee under the will of said Patrick J. Lynch. The transcript on the petition for instructions is before us, but in connection with the instant petition the transcript is not before us. A decree was entered denying the petition from which decree the petitioner appeals. The judge made a report of material facts. He found “that the services rendered by . . . [the petitioner] were services rendered for the benefit of the respondents for whom he appeared” and “that the expenses and services rendered by . . . [the petitioner] should be paid for by his clients who retained him to represent them.” The judge also found that the testimony of one of the respondents represented by the petitioner in the hearing on the petition for instructions “did not render any benefit for or in connection with the administration of the estate of [the aforementioned] Patrick J. Lynch.” The petitioner represented only two of the “some forty beneficiaries” listed as respondents in the trustee’s petition for instructions. We see nothing wrong in the judge’s findings. Contrary to the petitioner’s contention, we.are of opinion that the report of material facts supports the decree. There was no abuse of discretion. See Miller v. Stern, 326 Mass. 296, 300-304; Lane v. Cronin, 345 Mass. 52, 54.

Decree affirmed.

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Bluebook (online)

282 N.E.2d 686, 361 Mass. 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ronan-v-naumkeag-trust-co-mass-1972.

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