Wallace v. Collier

829 S.W.2d 696, 1992 Tenn. App. LEXIS 41
CourtCourt of Appeals of Tennessee
DecidedJanuary 15, 1992
StatusPublished
Cited by43 cases

This text of 829 S.W.2d 696 (Wallace v. Collier) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wallace v. Collier, 829 S.W.2d 696, 1992 Tenn. App. LEXIS 41 (Tenn. Ct. App. 1992).

Opinion

OPINION

KOCH, Judge.

This appeal involves a dispute over the fees incident to the administration of a relatively uncomplicated $136,000 estate. The residuary beneficiaries filed objections in the Davidson County Probate Court after the executrix and the attorney and accountant assisting her sought approval for approximately $42,000 in fees. The probate court referred the fee issues to a special master who, following a hearing, recommended approximately $32,500 in fees. The probate court confirmed the master’s report and awarded an additional $5,386 to the executrix’s attorneys for services rendered in defense of the fee claim. The beneficiaries have appealed, insisting that the fees recommended by the master and approved by the probate court were still excessive and unreasonable. We agree and, therefore, reduce the fees even further.

I.

Herbert and Florence Gertrude Wallace were an elderly couple who lived in Nashville. Mr. Wallace had operated a rug cleaning business for many years but in 1980 was suffering from Alzheimer’s disease. They lived adjacent to Mr. Wallace’s business with one of Mrs. Wallace’s elderly sisters. Mrs. Wallace was unable to care for her husband, and their only other immediate relatives, two grandchildren living in Seattle and Mrs. Wallace’s two sisters, were unable to be of much day-to-day assistance.

Since the Wallaces had no local family support, a friend introduced them to Jewel B. Collier. Mrs. Collier, a local bookkeeper who had been laid off from her job several years earlier, agreed to become employed as the couple’s “caretaker.” In return for a fee of $10 per hour, Mrs. Collier maintained the Wallaces’ bank accounts and investments, ran errands, and served as their confidant and chauffeur.

Mr. Wallace died in December, 1985. His will established two trusts and left the bulk of his estate to Mrs. Wallace. After the bank named as executor and trustee in Mr. Wallace’s will declined to serve, Mrs. Collier agreed, at Mrs. Wallace’s request, to serve as both trustee and executrix. Mrs. Collier was assisted by the law firm and the accountant who had assisted the [699]*699Wallaces with their business and personal matters for many years.

Mrs. Wallace executed her own will in October, 1986. She made specific bequests of cash and items of personal property to various relatives and to Mrs. Collier whom she referred to as her “most loyal and trusted friend.” She left the remainder of her estate to her two grandchildren, James D. Wallace, Jr. and Steven F. Wallace, and named Mrs. Collier as her trustee1 and executrix. In February, 1987, Mrs. Wallace executed a codicil altering several of her original bequests and reducing the bequest to Mrs. Collier “for reasons understood between myself and my dear friend.”

Mrs. Collier continued to care for Mrs. Wallace until Mrs. Wallace’s death in June, 1989. Mrs. Collier made the funeral arrangements and also helped one of Mrs. Wallace’s sisters move into Mrs. Wallace’s house to console the other surviving sister. Later, Mrs. Collier herself moved into the house in order to guard its contents and to assist Mrs. Wallace’s two elderly sisters.

Mrs. Collier filed Mrs. Wallace’s will for probate in July, 1989 and set out to administer the estate which had an estimated value of approximately $136,000.2 In August, 1989, she paid herself $1,798 for the services she provided before Mrs. Wallace’s death. She also retained the Wallaces’ law firm and accountant to assist her in performing her duties and in preparing and filing the required state and federal tax returns. Mrs. Wallace’s grandchildren also hired counsel to protect their interests as the residuary beneficiaries.

In June, 1990, Mrs. Collier sought the probate court’s approval of fees for herself and the lawyer and accountant assisting her for services rendered through May 11, 1990. Mrs. Collier sought $27,727 in fees for her services and those of her husband, $10,993 for her attorneys,3 and $4,706 for her accountant.4 The beneficiaries objected to these fees, and the probate court referred these issues to a special master.

The master conducted a hearing in July, 1990 and in August, 1990 filed a report recommending that Mrs. Collier be paid $18,513 for her services as executrix, that Mr. Collier be paid $60, and the law firm assisting Mrs. Collier be paid $10,147, and that the accountant assisting Mrs. Collier be paid $3,765. Mrs. Wallace’s grandchildren objected to the master’s report on the ground that the fees recommended by the master were still excessive. On September 17, 1990, the probate court confirmed the master’s report and later, on October 16, 1990, granted the law firm’s motion for an additional $5,386 in fees incurred in defending the grandchildren’s objections to the fees and exceptions to the master’s report.

II.

The parties disagree concerning the manner in which this court should review the probate court’s order confirming the master’s report. Accordingly, before we address the fee issues on their merits, we must take up the question of the appropriate standard of review in cases of this sort.

The parties seeking fees from the estate, apparently relying on Tenn.Code Ann. § 27-1-113 (1980),5 insist that, in the absence of an error of law, this court must treat the fees issues as conclusively settled because the probate court confirmed the master’s report. On the other hand, the [700]*700residuary beneficiaries insist that concurrent findings with regard to the fees to be paid to administrators, executors, attorneys, or other professionals assisting with the administration of an estate are not binding on the appellate courts. The beneficiaries are correct.

The appellees correctly point out that the general rule is that concurrent findings by the master and the trial court have the same force and effect as a jury verdict and will generally not be disturbed by the appellate courts. Schoen v. J.C. Bradford Co., 642 S.W.2d 420, 424 (Tenn.Ct.App. 1982); Black v. Love & Amos Coal Co., 30 Tenn.App. 377, 381, 206 S.W.2d 432, 433-34 (1947). However, this general rule is subject to four well-known exceptions. The concurrent finding rule does not apply (1) where the issue should not have been referred to a master, (2) where the findings are based on an error of law, (3) where the findings involve a question of law or a mixed question of law and fact, or (4) where the findings are not supported by substantial and material evidence. Staggs v. Herff Motor Co., 216 Tenn. 113, 125, 390 S.W.2d 245, 251 (1965).

Findings concerning the fees charged by executors, administrators, and other professionals assisting in the administration of an estate involve mixed questions of law and fact and are, therefore, not subject to the concurrent finding rule. Almost a century ago, the Tennessee Supreme Court held:

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Bluebook (online)
829 S.W.2d 696, 1992 Tenn. App. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-collier-tennctapp-1992.