Parker v. Mayo, 72 Ark. 513 (1904)

Oct. 22, 1904 · Arkansas Supreme Court
72 Ark. 513

Parker v. Mayo.

Opinion delivered October 22, 1904.

Probate court — jurisdiction.-—The probate court has no jurisdiction of a claim against an estate for services rendered by an attorney employed by an- executor to prosecute an action on behalf of the estate. Pike v. Thomas, 62 Ark. 223, followed.

Appeal from Monroe Circuit Court.

George M. Chaprine, Judge.

Affirmed.

*514Parker & Parker, attorneys, sued R. D. Mayo, executor of W. M. Mayo, deceased, in the probate court to recover the sum of $200 for professional services rendered by them on behalf of the estate under employment by such executor. From a judgment of allowance the executor appealed to the circuit court, where a motion to dismiss for want of jurisdiction was sustained, and plaintiffs appealed.

Thomas & Lee¡, for appellants.

Grant Green, for appellee.

The probate court had no jurisdiction. Const. Ark. art. 7, § § ix, 34, 40; 15 Ark. 384; 61 Ark. 410; 62 Ark. 223; 65 Ark. 443.

Wood, J.

The question here is, can an attorney maintain a suit in the probate court against the estate of a deceased person for legal services rendered the estate by contract with the executor thereof? He cannot. Tucker v. Grace, 61 Ark. 410; Pike v. Thomas, 62 Ark. 223; Pike v. Thomas, 63 Ark. 443.

Affirmed.