Smith v. Estate of Harrison

829 S.W.2d 70, 1992 Mo. App. LEXIS 699, 1992 WL 77567
CourtMissouri Court of Appeals
DecidedApril 21, 1992
Docket60101
StatusPublished
Cited by13 cases

This text of 829 S.W.2d 70 (Smith v. Estate of Harrison) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Estate of Harrison, 829 S.W.2d 70, 1992 Mo. App. LEXIS 699, 1992 WL 77567 (Mo. Ct. App. 1992).

Opinion

STEPHAN, Judge.

Andrew G. Smith appeals from a trial court order which awarded him partial payment for professional services and expenses expended in attempting to settle the estate of Mina C. Harrison. We affirm.

On February 16, 1987, Mina C. Harrison died, testate. Harrison’s will designated her son, John V. Harrison, and her daughter, Mary Harrison Bland, as her personal representatives. At Harrison’s funeral, John and Mary asked Smith to assist with the administration of Harrison’s estate. On April 8, 1987, the trial court opened an independent administration of Harrison’s estate. Subsequently, differences in the interpretation of Harrison’s will and the administration of her estate arose. On November 24, 1987, the trial court granted Smith leave to withdraw. At Mary’s request, Smith submitted his final bill on March 1, 1988. Smith’s bill totalled $5,501.50.

On February 7, 1990, Smith filed his: “Objections To The Statement Of Account”, wherein Smith contended that he had not been paid for services rendered. *72 Subsequently, on April 23, 1990, John and Mary paid Smith $599.88, leaving the balance of $4,901.62 unpaid.

On January 8, 1991, the trial court held a hearing on Smith’s objections. John S. Steiner appeared on Mary’s behalf, as well as on behalf of two of Harrison’s other children. John Harrison was not represented. Smith appeared on his own behalf. All parties present agreed to submit the matter to the trial court on the pleadings. On January 28,1991, the trial court entered its order sustaining Smith’s Objections To The Statement Of Account. In its order, the court directed John and Mary to pay Smith $1,000.00 as his fee plus $446.50 for cash advances, for a total fee of $1,446.50. The court also distributed Harrison’s estate.

On February 11, 1991, Smith filed his: “Motion for Reconsideration, Rehearing Or A New Trial.” The trial court heard this motion on April 18, 1991, and denied the same.

Review of this court-tried case is governed by Rule 73.01 and the well-known principles presented in Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). Therefore, the decision of the court must be affirmed unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Id. at 32.

Smith’s first three points on appeal challenge the adequacy of the trial court’s award of $1,446.50 for his services. Smith’s first point is that the trial court erred in awarding him less than he requested because the pleadings were stipulated and uncontested. Smith’s second point is that the trial court erred in rendering its award because the court made its own independent investigation, and, in so doing, failed to take any testimony from the parties, consult any experts, or review all documentary evidence except that in the probate file. Finally, Smith’s third point is that the trial court erred in interpreting the Probate Code in that it believed that it was restricted by the size of the probate estate from allowing Smith’s entire fee. Smith contends that the reasonableness of his fee is the criterion to be followed. Smith further contends that the size of the probate estate is only one factor in determining “reasonableness”. We address Smith’s first three points collectively.

At the outset, we note that there is some controversy over what type of fee Smith sought for the services that he rendered. In his “Objections To The Statement Of Account”, Smith pled that: (1) he is an attorney practicing in St. Louis County; (2) at Harrison’s funeral, John and Mary asked him to assist with the administration of the estate; (3) he gave his best efforts to the specified employment; (4) differences in the administration of Harrison’s will and administration of the estate arose; (5) he offered, and John and Mary accepted, his resignation on October 16, 1987; (6) at John’s and Mary’s request, he continued working to assist in the transfer of records to the new attorneys for the estate; (7) he submitted his final invoice, totaling $5,501.50; and (8) the statement remains unpaid. At no point did Smith characterize his fees as attorney’s fees. Moreover, at the January 8, 1991 hearing, Smith specifically denied that his bill was for attorney’s fees. Smith stated: “[w]ell, this is not a legal fee. I’m an accountant principally, who happens to have a law degree. I did not provide legal services as such. I did principally the tax work and some other kind of work operating between the lawyer in Boston and the Probate Code, the go-between.”

Despite Smith’s adamant denial that he was seeking attorney’s fees, the trial court viewed the issue as one for attorney’s fees because Smith was the attorney of record for John and Mary. In the trial court’s order, the court states: “the objection ... is that [Smith] was not paid an attorney fee for legal services rendered [John and Mary] from and prior to April 8, 1987, when the letters were granted, until November 25, 1987, when he withdrew as attorney. He states that he is entitled to a fee for legal services rendered [John and Mary] in the sum of $5,055.00 plus expenses advanced of $446.50 for an alleged total amount due him of $5,501.50.” The *73 trial court thereafter awarded Smith $1,000.00 plus cash advances of $446.50, for a total fee of $1,446.50.

Smith subsequently filed a “Motion For Reconsideration, Rehearing Or A New Trial.” In that motion, Smith responds to the trial court’s characterization of his fee as a fee for legal services. Smith states: “Actually, the claim represents fees for a variety of services....” At the trial court hearing on this motion, Smith stated: “[m]y services to the estate were as liaison, facilitator, because [John and Mary] were basically out of St. Louis, to do whatever— as accountant, to prepare tax returns for the individuals, for the decedent.”

In reviewing this court-tried case, our primary concern is the correctness of the trial court’s result, not the route taken to reach it. Kopp v. Franks, 792 S.W.2d 413, 419 (Mo.App.1990). Therefore, we are obliged to affirm if we determine that the trial court reached the correct result, regardless of whether the trial court’s prof-erred reasons are wrong or insufficient. Id. Here, we are satisfied that the trial court reached the correct result. We draw this conclusion for the following reasons. It is apparent from the above facts that Smith wore two hats in the attempted administration of Harrison’s estate. Smith played the role of attorney as evidenced by the facts that: (1) he was the attorney of record; and (2) the letterhead on the bill that he submitted for his professional services reads, “Andrew G. Smith Attorney At Law”. Smith also acted as an accountant as evidenced by his statement: “... this is not a legal fee. I’m an accountant who happens to have a law degree.” In this dual capacity, it is clear that Smith was entitled to some sort of compensation.

An independent personal representative, because he owes a fiduciary duty to persons interested in the estate, must secure the advice and services of an attorney. Section 473.787.3, RSMo 1986.

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Bluebook (online)
829 S.W.2d 70, 1992 Mo. App. LEXIS 699, 1992 WL 77567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-estate-of-harrison-moctapp-1992.